Sabir vs State Of Haryana And Others

Alok Jain, J

The present criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents to release the detenue namely Sabru wife of the present petitioner, who has been illegally and forcibly taken in custody by respondent No.3. The petition is duly supported by a duly sworn affidavit of the petitioner.

Learned counsel for the petitioner submits that the detenue namely Sabru got married to the petitioner on 14.09.2022 and their marriage was registered on 16.09.2022. However, on 02.10.2022, respondent No.3 called the petitioner and the detenue to the Police Station Uttawar, District Palwal, and from there the wife of the petitioner has been illegally confined.

Learned counsel for the petitioner submits that the petitioner is running from pillar to post and that the detenue is an innocent person and is being victimized by the police at the behest of her parents. It is further submitted that there is every possibility that respondent No.3 could cause harm to the life of the detenue. The petitioner has submitted a representation on 04.10.2022 to respondent No.2 in this regard, but no action has been taken forcing the petitioner to approach this Court.

Learned counsel for the petitioner has further contended that the petitioner is a very poor person and is not in a position to bear the expenses of the warrant officer. Although no such prayer is made in the petition but the oral prayer is being made during the course of hearing.

Notice of motion for 13.10.2022.

In view of the above, Registry is directed to appoint a Warrant Officer immediately, who will visit the office of SHO, Police Station Uttawar, District Palwal, or any other place/places as may be pointed out by the petitioner on or before 09.10.2022 and get the detenue Sabru released forthwith, if she is found in illegal detention of respondent No.3, or is not required in any cognizable offence and the detenue be produced in the Court on the next date of hearing. As regards the averment qua the inability to pay the expenses of the Warrant Officer considering the plea of the petitioner, the usual expenses which are incurred by the Warrant Officer, shall be borne by the State Legal Services Authority, Haryana.

Respondent No.3 is directed to be present in the Court on the next date of hearing along with his reply to the allegations levelled in the petition.