PARVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of filing the present criminal writ petition under Art. 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction especially in the nature of habeas corpus for the release of the alleged detenue namely Dilraj Singh (brother of petitioner) minor aged about 4 years, son of Late Jasbir Singh alleged to have been forcibly and unlawfully detained by respondents No.4 and 5.

(2.) The brief facts of the case are that the present petitioner, aged about 34 years (born on 2.2.1987), is the sister of Dilraj Singh, the alleged detenue, aged about 4 years. The petitioner as well as Dilraj Singh are the daughter and son, respectively, of Jasbir Singh and Charanjit Kaur. The said Dilraj Singh is a test tube baby. During the delivery of Dilraj Singh, Charanjit Kaur had some medical problem due to which she expired on 1.5.2017. After the death of Charanjit Kaur, the health of Jasbir Singh also started deteriorating and he went into depression and he also expired on 8.12.2019.

(3.) As per the version of the petitioner, custody of the minor child Dilraj Singh was temporarily given to respondents No.4 and 5, who are the sister and brother-in-law of Charanjit Kaur, respectively. It is the case of the petitioner that after some time, Jasbir Singh as well as the present petitioner had repeatedly asked respondents No.4 and 5 to give back the custody of the minor child but they kept on delaying the matter. The petitioner was constrained to file application No.4812 dtd. 20.08.2020 (Annexure P-4) before Senior Superintendent of Police, Patiala.