SUNIL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued and order dated 11.11.2011, Annexure P2, whereby detenue Neha has been ordered to be kept in Nari Niketan, Karnal, be quashed.

(2.) It is stated in the petition that petitioner and detenue Neha left the house for solemnizing the marriage but were apprehended by the police. The police produced Neha before the Duty Magistrate, Panchkula. Duty Magistrate, Panchkula in his order dated 9.11.2011 had recorded as under:-

(3.) "......Heard. The undersigned had enquired from both these lovers about their marital status, age and antecedents etc. Both of them state themselves as major persons. They have stated that they are in love with each other for the last two years and even have sexual relations between them. However, as per the version of the father of Ms.Neha, she is aged 17 years and if this preposition of the facts is correct, then the case is of commission of rape. The girl Ms.Neha Rani has stated that she has every apprehension that if she will go to her house, she may be killed by her father. Though, her lover Sh.Sunil Kumar and his mother Ms.Geeta Rani are ready to take her to their home, but he is not husband of Ms.Neha Rani. In these circumstances, considering the totality of the facts and circumstances of the present case, Ms.Neha Rani is ordered to be kept in Nari Niketan, Karnal and is ordered to be produced before learned Illaqa Magistrate on 11.11.2011. Meanwhile, SI Rajpal is directed to collect the age proofs of both these lovers and to produce the same before the learned Illaqa Magistrate on 11.11.2011....."