SUNNY SHARMA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Sunny Sharma has invoked the jurisdiction of this court by filing the instant Habeas Corpus Writ Petition under Article 226 of the Constitution of India alleging that the petitioner married with one Vinu Malik against the wishes of her parents and apprehending threat to their lives and liberty, they sought protection from this court by filing Criminal Misc. No.38510-M of 2007, which was disposed of vide order dated 5.7.2007 (Annexure P-2) with direction to the Senior Superintendent of Police, Batala to look into the complaint of the petitioners and to take action thereon if it is found that there is any threat to their lives and liberty. Respondent Nos.6 and 7 are brother and father respectively of petitioner's wife Vinu Malik. Respondent No.6 filed false and frivolous cases against petitioner and his family members. On assurance that all such cases would be withdrawn, petitioner's wife Vinu Malik herself went to the parental house in village Kakrauli Kalan, District Muzaffar Nagar (U.P.) i.e., at the place of respondent Nos. 6 and 7, allegedly under pressure from them and is in their illegal detention there.

(2.) It is not specifically averred in the writ petition as to when petitioner's wife Vinu Malik (alleged detenue) went to respondent Nos. 6 and 7, but counsel for the petitioner referred affidavit Annexure P-1 dated 11.3.2008 allegedly affirmed by Vinu to contend that she was under pressure of her parental family. However, there is nothing on record to depict as to when petitioner's wife allegedly went to the place of respondent Nos. 6 and 7. The petitioner sought issuance of writ of Habeas Corpus to secure release of the alleged detenue from illegal detention of respondent Nos.6 and 7.

(3.) Notice of motion was issued to respondent Nos.2 and 4 only,i.e., Senior Superintendent of Police, Batala District Gurdaspur and Senior Superintendent of Police, Muzaffarnagar (U.P.). Respondent No.2 has already put in appearance through counsel and reply has also been filed on behalf of respondent Nos.1 to 3. Copy of the reply now supplied to counsel for the petitioner.