Gurwinder Singh vs State of Punjab and Others

Vikram Aggarwal, J

Prayer in the present petition preferred under Articles 226/227 of the Constitution of India is for the issuance of a writ in the nature of Habeas Corpus seeking release of the detenue ‘Reesha Rangi’ aged about 19 years from the illegal custody of respondents No.5 to 8.

Mr. Jashan Mehta, Advocate has put in appearance on behalf of respondent Nos. 5 to 9 and has filed his power of attorney.

On 23.12.2024, the following order was passed:-

“1. Petitioner - Gurwinder Singh, aged about 21 years, has filed instant petition for issuance of a writ in the nature of Habeas Corpus for releasing of detenue 'Reesha Rangi, who is wife of the petitioner, from the illegal detention of respondents No.5 to 8, who are parents and other relatives of the alleged detenue.

Learned counsel for the petitioner submits that both petitioner and the detenue, being of eligible age to make their own decisions, performed their marriage on 13.12.2024 with their own free will and wish. Respondents No.5 to 8, who are parents and other family members of the detenue, were unhappy with the marriage, and therefore, on 17.12.2024, said respondents along with 14-15 other persons came in three cars and gave beatings to both of them (petitioners and the alleged detenue). They took the petitioner at Police Station Morinda, where, respondent No.3 - SHO, Police Station Morinda, Distt. Rupnagar, recorded statement of the petitioner. Respondent No.4 - SHO, Police Station Sadar Khuni Majra, Distt. Rupnagar, also assured that the detenue would be returned the following day i.e. on 18.12.2024, but without allowing the detenue to return/to joint the petitioner company at her matrimonial house, she has been forcibly confined by the private respondents.

Notice of motion.

On advance notice, Mr. S.S. Gill, St. DAG, Punjab, appears for respondents No.1 to 4 (State) and seeks time to get instructions and to file status report, if any.

Requisite copies of the complete paper book have already been supplied to the learned State counsel.

Meanwhile, respondent No.2 - Senior Superintendent of Police, Rupnagar, is directed to immediately depute some police officers)/officials), to visit the houses) of respondents No. 5 to 9 or any other place of detention, where the alleged detenue 'Reesha Rangi is illegally detained. The concerned police officers)/official(s) would record the statement of the alleged detenue Reesha Rangi. Such officer would ensure that the statement of the alleged detenue 'Reesha Rangi' is free from any kind of influence, fear or pressure, and thereafter, report prepared by him/her be produced before this Court on or before the next date of hearing fixed before this Court.

After recording the statement, if such officer(s)/official(s) realises that detenue is major and has been illegally detained, he/she would get her released immediately.

Adjourned to 31.12.2024.”

Today, a short reply by way of an affidavit of Deputy Superintendent of Police, Sub-Division, Morinda, District Rupnagar has been filed in the Court today. As per the same, statement of the detenue ‘Reesha Rangi’ was recorded on 27.12.2024, which has also been annexed with the reply, in which the detenue ‘Reesha Rangi’ has stated that she is now happily residing with her parents and does not wish to accompany the petitioner. The detenue has also been produced in Court. She has been examined. She submits that the petitioner had performed marriage with her by misleading her and that she is now happily residing with her parents and does not wish to accompany the petitioner.

That being so, no further directions are required to be passed by this Court and the petition is accordingly dismissed.