ARVINDER SINGH BAGGA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this petition under Article 32 of the Constitution of India, the petitioner sought a writ in the nature of habeas corpus to produce Smt Nidhi Bagga Nidhi Khandelwal w/o Charanjit Singh Bagga.

(2.) Nidhi Khandelwal and Charanjit Singh Bagga got married on 16/07/1993 by performing Hindu rites at Arya Samaj Mandir, Arya Nagar, Bhoor, Distt. Bareilly, Uttar Pradesh. That marriage was not acceptable to the family of Nidhi Khandelwal. Therefore, on 17/07/1993 an FIR was lodged with Police Station Prem Nagar, Bareilly. The case was registered as Case No. 635 of 1993 under Sections 363/366/506 Indian Penal Code. After the registration of case, the entire family of the husband was taken into custody including minor girls aged 10 and 15 1/2 years. While the female members were released, the male members continued to be in detention. Smt Nidhi Bagga continued to be held by the police and illegally detained.

(3.) Though a writ petition was filed before the High court of Allahabad under Article 226 of the Constitution of India, on account of the lawyers strike, the Allahabad High court did not function. This necessitated the cousin of Charanjit Singh Bagga to move this court under Article 32 of the Constitution of India.