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Himachal Pradesh High Court · body

2011 DIGILAW 1247 (HP)

Sonu v. State of H. P.

2011-03-14

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Sanjay Karol, J. Pursuant to our order dated 7.3.2011, Poonam and Pinky, daughters of Smt. Suman, are present accompanied by SI Prem Lal and Lady Constable Ms.Gurmeet Kaur, No.211, Police Station, Nalagarh. 2. Petitioner filed this petition claiming that his relatives and co-villagers, including some minor children have been illegally detained by private respondent No.5. 3. Notice in the petition was issued on 26.2.2011 when Station House Officer, Police Station, Nalagarh, was directed to file his affidavit. In compliance therefore, SI Prem Lal, Station House Officer, Police Station Nalagarh, filed his personal affidavit stating that nobody was illegally detained by the 5th respondent. He reiterated his stand orally before us on 28.2.2011. However, it was contended by learned counsel for the petitioner that atleast two minor girls, namely, Poonam and Pinky, were still in the illegal custody of respondent No.5. Considering such submission, this Court directed, Civil Judge (Sr. Division), Nalagarh, to visit the concerned brick kiln and submit a report to this Court. 4. On 7.3.2011 we perused the Enquiry Report submitted by Civil Judge (Sr. Division), Nalagarh, District Solan, H.P. In the enquiry report, it stood clarified that Poonam and Pinky, are not only major but are voluntarily residing with Amit and Manohar (in Tehsil Nalagarh) with whom they intend to get married. Same day, Smt. Suman, mother of Poonam and Pinky was also present in the Court alongwith her brother. On her insistence this Court directed the 4th respondent to produce the girls before us today. Even though the girls are present but their mother is not present. We have interacted with both Poonam and Pinky. They have expressed their desire to get married with Amit and Manohar, respectively with whom they are living voluntarily without any threat or coercion from any quarter. They both are reported to be major. Mother has also not placed on record certificates with regard to age of these two girls. 7. Consequently, we feel that no purpose would be served by keeping this petition pending and we accordingly close the same. 8. SI Prem Lal and Lady Constable Ms. Gurmeet Kaur, are directed to safely take the girls back to the place of their residence in Nalagarh, today itself.