Ram Avtar vs State of Punjab

S.S. Saron, J.—The petition has been filed u/s 482 of the Code of Criminal Procedure for directing respondents No. 1 to 3 to get the detenue Pooja Rani minor daughter of petitioner Ram Avtar released from the illegal detention of respondents No. 4 to 7. Petitioner-Ram Avtar is the father of Pooja Rani. He has filed the present petition seeking release of his daughter from the illegal detention of respondents No. 4 to 7. Notice of motion was issued in the case on 23.05.2014 for today and official respondents were directed to produce the detenue. Pooja Rani is present in Court. She is admittedly a minor and her age is about 17 years and three months. This Court had asked her repeatedly that being a minor she is to live with her parents. However, she has stated that she does not want to go with her parents; besides, she feels threat to her life from them as they are taking steps to marry her elsewhere. Despite explaining her that she is to live with her parents till the age of majority, she is adamant and stated that she does not want to go. The parents also met the detenue outside the Court for sometime in order to convince her but she has remained resolute and determined not to go with her parents. Pooja Rani, it is stated, has passed class 8th. She has reached the age of discretion. According to learned counsel for the State, FIR No. 122 dated 02.06.2014 has been registered at Police Station, Civil Lines, Patiala against respondents No. 4 and 5 for the offences punishable under Sections 363 and 366 read with Section 120B Indian Penal Code. Therefore, in the facts and circumstances, it would be just and expedient not to force the detenue to live her parents.

Keeping view the fact that she has reached the age of discretion, the writ petition is accordingly dismissed.