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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 243 CRWP-6801-2025 (O&M) Date of Decision: 08.07.2025. Satish ...Petitioner. Versus State of Haryana and others ...Respondents. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: None for the petitioner. Mr. Karan Garg, AAG, Haryana. *** SUKHVINDER KAUR
, J. (Oral)
Status report by way of affidavit has been filed by learned State counsel, which is taken on record. As per status report, it has been alleged that on complaint of the petitioner, case FIR No.420 dated 09.06.2025, under Section 140(3) of BNS was registered at Police Station Kundli, District Sonipat and investigation was set into motion. The petitioner joined the investigation on 27.06.2025 and raised suspicion upon respondents No.4 to 6. Thereafter, on the basis of location of mobile phone of suspected persons, raids were conducted at the addresses of respondents No.4 to 6. On 28.06.2025, the detenue/ daughter of the petitioner was recovered from Pal Colony, Jhansi, Uttar Pardesh. On 29.06.2025, detenue disclosed that she had married with accused Om Parkash son of Harnaryan at Arya Samaj Mandir, Mandhna Kanpur Nagar, Uttar Pardesh and presented the marriage certificate and Aadhar Card. As per the marriage certificate, both of them got married on 09.06.2025 and date of birth of the detenue was mentioned as 20.12.2005. However, in the Aadhar Card produced by the petitioner/ complainant, the date of birth of the detenue is KOMAL 2025.07.09 18:13 I attest to the accuracy of this document
CRWP-6801-2025 (O&M) -2- mentioned as 20.12.2010. Complainant/petitioner was called by the Investigating Officer, for presence during statement under Section 183 BNSS and for taking custody of the detenue but he did not turn up. Counselling of detenue was done and thereafter, her statement under Section 183 BNSS was got recorded before learned Duty Magistrate, Sonipat on 29.06.2025. Thereafter, Section 65(1) BNS and Section 6 POCSO Act were invoked in the case and the detenue was kept in 'Balgram' on the basis of statement under Section 183 BNSS. The detenue was produced before the medical officer on 01.07.2025 for her medical examination but she refused for the same. On 29.06.2025, accused Om Parkash was apprehended and interrogated and was produced before Duty Magistrate, Sonipat on 30.06.2025, from where he was sent to judicial custody.
It has been alleged that detenue/ daughter of the petitioner has been recovered from the custody of respondent No.4 on 28.06.2025, however the petitioner has denied to take over the custody of the detenue/ prosecutrix, as such the detenue/ prosecutrix has been left at Balgram, Rai, District Sonipat and as per the advice of the medical officer, the ossification test of the detenue is to be conducted to determine her age. As detenue/ daughter of the petitioner has already been recovered from the custody of respondent No.4 on 28.06.2025 and on denial of petitioner to take her custody, the detenue has been left at Balgram, Rai, District Sonipat. So, no further order is required to be passed in this matter. Present petition stands disposed of accordingly. (SUKHVINDER KAUR) JUDGE
08.07.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.07.09 18:13 I attest to the accuracy of this document