SITARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seeking release of the alleged detenu, the petitioner has come up before this Court under Article 226 of the Constitution of India.

(2.) The Investigator/Inquiry Officer is directed to produce the detenue if she is detained in the jurisdiction of State of Punjab namely Shabnam before the concerned Judicial Magistrate. The concerned Judicial Magistrate shall interact with her and it is the concerned Magistrate's discretion whether to record her statement under Sec. 164 Cr.P.C or not and enquire whether she wants to reside with her mother-present petitioner or send her to Child Protection Home and accordingly proceed further. State to expedite the production of the girl. State to place before the Magistrate any protection order that might have been passed and such Magistrate ensure that there is no violation of such order. Petitioner is directed to provide phone number of the detenue and also to attend phone call of the inquiry officer.

(3.) This petition is closed with the directions mentioned above, which are to be complied with on a priority. It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It shall also be open for the petitioner to approach this Court again for any surviving or consequent grievances.