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2023 DIGILAW 2 (PNJ)

Surya Parkash v. State of Haryana

2023-01-01

AMAN CHAUDHARY

body2023
JUDGMENT Aman Chaudhary. J. - Present petition has been filed under Article 226/227 of the Constitution of India for issuance of writ in the nature of Habeas Corpus directing respondent No.1 to 3 to recover the detenue namely Simran wife of the petitioner, and to produce her before this Court as she is in illegal custody of respondent Nos.4 and 5. 2. Learned counsel contends that the petitioner had married the detenue on 02.12.2022, for which the Marriage Certificate has been produced, which is taken on record as Mark-A. It is his submission that on 30.12.2022 at about 7:00 A.M., respondent Nos. 4 and 5, who are the parents of the detenue, had forcibly taken her away without her consent from the house of the petitioner, at which time the petitioner along with his mother were present and they were given beatings and were threatened to be killed. He apprehends that there is danger to the life of the detenue at the hands of respondent Nos.4 and 5. A representation dated 30.12.2022 has been submitted to the Superintendent of Police, Sirsa, a copy of the same has produced, which is taken on record as Mark-B. 3. At this stage, learned counsel restricts his prayer that the petitioner will be satisfied if Superintendent of Police, Sirsa i.e. respondent No.2 is directed to look into the representation dated 30.12.2022 (Mark-B), made to him by the petitioner in this regard and take appropriate action on the same. 4. In view of the limited prayer made by the learned counsel and with-out going into the merits of the claim raised by the petitioner, this petition is dis-posed of with a direction to respondent No.2- Senior Superintendent of Police, Sirsa to look into the representation dated 30.12.2022 (Mark-B) and decide the same expeditiously, in accordance with law. 5. A copy of this order be given to the learned counsel for the petitioner under the signatures of the Bench Secretary.