LAWS(P&H)-2020-6-77

KAMNA RANI Vs. STATE OF HARYANA

Decided On June 11, 2020
Kamna Rani Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The instant Criminal Writ Petition (Habeas Corpus) has been entertained under Article 226 of the Constitution of India on the basis of a complaint received in the Secretariat of Hon'ble the Chief Justice of this court regarding forcible abduction of the husband of the petitioner.

(2.) As per the complaint received, the grievance of the petitioner is that on 18.12.2019, Sujit Kumar (SHO), Yogesh Malik (SI) and other police officials of U.P. Police, Police Station Beeta-2, Kasna, District Gautam Budh Nagar barged into their house at about 5.15 a.m. and abducted the husband (Satish Kumar) of petitioner. Certain other police officials, and Jasbir Singh who entered her room also took away a cash amount of Rs. 28 lacs that was collected to purchase some land. The description and registration numbers of the three vehicles alleged to have been used by the police officials, have been depicted in the petition. The occurrence is also alleged to have been captured in C.C.T.V. camera installed nearby. The grievance of the petitioner is that even though a complaint was submitted to the Station House Officer (Vipin) at Police Station Ismailabad, Kurukshetra on 18.12.2019 in this regard, but to no avail. Further, the brother of the husband of the petitioner, namely, Vinesh and some other family friends were informed of the occurrence, they too set off to Noida by vehicle No.HR41G-1818. Subsequently, when petitioner and Vinesh met Sujit Kumar (SHO), he disclosed that detenue was picked up by the police at the instance of Jasbir Singh son of Kashmir Singh resident of village Garh Ganga, District Hapur, Uttar Pradesh. In fact Sujit Kumar (SHO) pressurized the petitioner and her relatives to settle with Jasbir Singh and transfer a land measuring 5 acres in his name failing which the detenue (Satish Kumar) will be implicated in a false case.

(3.) Pursuant to the matter being treated as a Criminal Writ Petition (Habeas Corpus), notice was issued to Mr. Satya Pal Jain, Addl. Solicitor General of India along with Mr. Dheeraj Jain, Advocate as well as to the State of Haryana.