Laxmi Kant Chaudhary vs State of Haryana

Ranjit Singh, J.—Petitioner-Laxmi Kant Chaudhary has filed this writ petition in the year 2008 by addressing a communication to the Hon''ble Chief Justice of this Court, which was treated as a criminal writ petition. Ever since that date, this petition is pending adjudication before this Court. Petitioner Laxmi Kant Chaudhary is appearing in person in this case. He has alleged that his sister namely Rekha Chaudhary has been enticed away by Akash Srivastava, who is stated to be resident of Village Fattepur, Police Office Mahui Nankar (Dharam Sinhwa), District Sidharth Nagar, Uttar Pradesh. On the directions issued by this court, efforts were made by the police to trace the girl, but they remained unsuccessful. Various status reports were obtained and filed before the Court by the police of Union Territory, Chandigarh, as well as Haryana Police. Taking serious notice of the pendency of the habeas corpus for so long, the police was directed to make serious efforts to ascertain the whereabouts of the boy and sister of the petitioner-Rekha Chaudhary. Thereafter, some serious efforts were made. Even one of the relatives of the boy, who was summoned as a police officer, was impleaded as a party-respondent.

During the course of hearing, it revealed that the girl has got married and is staying with the boy. At this stage, the petitioner has himself stated that he was keen to know the welfare of his sister. Incidentally, the girl and the boy could be traced in Bombay. This fact was disclosed before this Court during the course of hearing. On 23.5.2012, Mr. Sharma pointed out that girl and boy were made to appear before the Court at Bombay and their statements were recorded. They both had married and were willingly staying together. It was also pointed out that the girl was made to speak to her brother i.e. the petitioner. This fact was confirmed by the petitioner. Mr. Sharma, accordingly, prayed for adjournment to produce the girl before this Court and the case was adjourned to 1.6.2012.

Today, Crl. Misc. No.555 of 2012 has been filed by Mr. Sharma for pre-poning this case on the ground that the girl and the boy have come from Bombay and are booked for going back. Accordingly, the prayer is to pre-pone this case and record the statement of the girl. The prayer made in the application is allowed and the hearing of the case is preponed to today. Ms. Rekha Chaudhary has come present along with Mr. Akash Srivastva and they are also having two children born out of Criminal Writ Petition No.885 of 2008(O&M) this wedlock. The girl has stated that she got married to Akash Srivastava voluntarily and is not in any illegal custody. That being the situation, it is felt that the valuable time of the Court as well as the State agency has been unnecessarily wasted. The girl and the boy could have been contacted the petitioner and explain this position to avoid these protracted proceedings. Ms. Rekha Chaudhary, however, explains this by saying that she was scared and as such, she did not get in touch with her brother and family members. Be that as it may, no case for illegal detention is made out. The efforts made by the police of U.T. Chandigarh deserve appreciation though they have taken action only when the Court took serious note of the events. The present petition is rendered infructuous and is dismissed as such.