Dinesh Kumar vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—The present writ petition has been filed under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus for release of Poonam from the illegal custody of Respondents No. 6 to 9.

The case of Petitioner is that he was married to Poonam, who was major and her date of birth is 18.2.1986. Learned Counsel for the Petitioner submits that after their marriage, they were residing at Yamuna Nagar. Respondents No. 6 to 9 are alleged to have picked up Poona, forcibly, from the custody of the Petitioner from Yamuna Nagar. He further submits that Poonam is unlawfully detained at Ghaziabad, Uttar Pradesh.

During the course of arguments, it is submitted by learned Counsel for the Petitioner that if any person is unlawfully picked up within the territorial jurisdiction of this Court, writ of Habeas Corpus can be issued even though that person is unlawfully detained outside the territorial jurisdiction of this Court.

At the moment, Poonam is allegedly residing with the Respondents at Ghaziabad, Uttar Pradesh. Therefore, the writ of Habeas Corpus can only be issued by the High Court of Allahabad. The Petitioner, if so advised, may approach the Court of competent territorial jurisdiction for the relief sought. For the alleged offence of kidnapping or abduction, the Petitioner may seek any relief viz. registration of the case. Petitioner, if so advised, may avail his remedy by filing appropriate petition.

With the observations made above, the present writ petition is disposed of.