CRWP-8723-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 261 CRWP-8723-2026 (O&M) Date of decision: 26.08.2026 Narinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. L. S. Mann, Advocate for the petitioner. Mr. Vivek Sharma, AAG, Punjab. Mr. Gagandeep Singh Bajwa, Advocate for respondent No. 5. MANISHA BATRA, J. (Oral) 1. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for production and release of the petitioner's minor daughter, namely, Manpreet Kaur, who has been illegally taken away and is in the custody of private respondents No.4 and 5. 2. As per the submissions made in the petition, the minor girl went missing from the house of the petitioner during the intervening night of 06/07.07.2026. It is alleged by the petitioner that respondent No.4, Gursewak Singh @ Guri, who was acquainted with the petitioner's son, had been keeping an evil eye on the minor girl and had been warned by the family not to visit their house. It is further alleged that respondent No.4 enticed away the minor on the pretext of performing marriage. The petitioner has got an FIR bearing MOHAMMAD WASEEM ANSARI 2026.08.27 14:05 I attest to the accuracy and integrity of this document CRWP-8723-2026 (O&M) -2- No.169 dated 10.07.2026 registered at Police Station Tanda, District Hoshiarpur under Sections 137(2) and 87 of BNS against respondent No.4. 3. Upon notice, a short reply by way of affidavit of the Deputy Superintendent of Police, Sub-Division Tanda, District Hoshiarpur, has been filed on behalf of respondents No.1 to 3. In terms of the same, learned State counsel has submitted that pursuant to the directions of this Court, the police made efforts to trace respondent No.4 as well as the minor girl. A police party had proceeded towards Laxmi Nagar, Pathankot on 23.07.2026. During the course of investigation, respondent No.5 was found admitted in Life Care Hospital, Gurdaspur. Her statement was recorded, wherein she stated that she was under medical treatment and that the detenue was not in her custody and that she did not know the whereabouts of respondent No.4 and the detenue. A medical certificate concerning respondent No.5 has also been placed on record. It is further submitted that on receipt of secret information on 25.07.2026 that respondent No.4 and the minor girl were staying at Hotel G-2, Ludhiana, the police party immediately proceeded to the said hotel. However, after verification, neither respondent No.4 nor the minor girl was found there. Learned State counsel submits that the police are making bona fide and diligent efforts to trace respondent No.4 and the minor girl and that repeated raids have been conducted at the residential address of respondent No.4 and at other suspected places. 4. This Court has considered the submissions advanced by learned counsel for the parties and has also gone through the material placed on record. MOHAMMAD WASEEM ANSARI 2026.08.27 14:05 I attest to the accuracy and integrity of this document CRWP-8723-2026 (O&M) -3- 5. The undisputed position emerging at this stage is that the minor girl has not yet been traced. The police have, however, placed on record the steps taken pursuant to the directions issued by this Court, including searches conducted at various places and efforts to ascertain the whereabouts of respondent No.4 and the detenue. The police have also stated that technical inputs, including mobile-location details, are being examined and that further efforts are being made to trace the minor girl. 6. The jurisdiction of this Court in a petition seeking a writ of habeas corpus is essentially intended to secure the liberty of a person from unlawful detention and to ensure that a person alleged to be in illegal custody is brought before the Court. In the present case, the detenue is admittedly a minor and, therefore, the Court is required to adopt a particularly cautious and protective approach with regard to her safety and well-being. However, at this stage, the detenue herself has not been traced and there is no material conclusively establishing that she is presently in the custody of either respondent No.4 or respondent No.5. In such circumstances, while a direction for her tracing and production can certainly be pursued through the investigating agency, a direction for her release from the custody of a particular respondent cannot be issued unless such custody is first established. 7. However, the fact that the detenue is a minor cannot be lost sight of. The FIR already registered on the complaint of the petitioner shall continue to be investigated by the competent investigating agency. The investigating agency shall make all sincere, effective and lawful efforts to trace the minor girl, ascertain her whereabouts and ensure her safe recovery, MOHAMMAD WASEEM ANSARI 2026.08.27 14:05 I attest to the accuracy and integrity of this document CRWP-8723-2026 (O&M) -4- besides investigating the role of respondent No.4 and all other persons who may be found involved, strictly in accordance with law. 8. In view of the steps stated to have been taken by the police and the fact that the detenue is not presently shown to be in the custody of either of the private respondents, no further effective order is called for in the present habeas corpus petition. The petition is accordingly disposed of. 9. It is, however, clarified that the disposal of the present petition shall not affect or prejudice the investigation in FIR No.169 dated 10.07.2026, registered at Police Station Tanda, District Hoshiarpur, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023, which shall continue and be taken to its logical conclusion strictly in accordance with law. 26.08.2026 (MANISHA BATRA) Waseem Waseem Waseem Waseem R. R. R. R. Ansari Ansari Ansari Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.08.27 14:05 I attest to the accuracy and integrity of this document