LAWS(P&H)-2011-1-221

DINESH KUMAR Vs. STATE OF HARYANA

Decided On January 25, 2011
DINESH KUMAR Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus for release of Poonam from the illegal custody of Respondents No. 6 to 9.

(2.) THE case of Petitioner is that he was married to Poonam, who was major and her date of birth is 18.2.1986. Learned Counsel for the Petitioner submits that after their marriage, they were residing at Yamuna Nagar. Respondents No. 6 to 9 are alleged to have picked up Poona, forcibly, from the custody of the Petitioner from Yamuna Nagar. He further submits that Poonam is unlawfully detained at Ghaziabad, Uttar Pradesh.

(3.) AT the moment, Poonam is allegedly residing with the Respondents at Ghaziabad, Uttar Pradesh. Therefore, the writ of Habeas Corpus can only be issued by the High Court of Allahabad. The Petitioner, if so advised, may approach the Court of competent territorial jurisdiction for the relief sought. For the alleged offence of kidnapping or abduction, the Petitioner may seek any relief viz. registration of the case. Petitioner, if so advised, may avail his remedy by filing appropriate petition.