MANSA SINGH Vs. ZORA SINGH AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Section 491, Code of Criminal Procedure by one Mansa Singh for the production of one Smt. Gurmail Kaur and her daughter Kuldip Kaur alleging that the Respondents Zora Singh and his father Amar Singh are detaining them both illegally and against their will in their house in village Sidhuwal, Tehsil Patiala. The Respondents, according to the petition, intend to devour the property of Gurmail Kaur and the Petitioner also stales to be apprehensive lest the Respondents do away with Gurmail Kaur's instant daughter in order to get the property belonging to Gurmail Kaur. It is asserted that Gurmail Kaur owns about sixty bighas of land and further that her father owning nearly three hundred bighas has no son with the result that Gurmail Kaur and her sister are entitled to inherit that property. In the petition however, Mansa Singh Petitioner has nowhere stated his interest in the detained persons. The petition opens with the allegation that Gurmail Kaur, daughter of Kishan Singh, of village Kadarpura, Sub tehsil Samana, was living with Kuldip Kaur aged about one year in village Rajgarh, Tehsil Patiala. It is then averred that one Zora Singh son of Amar Singh of village Sidhuwal obtained a warrant under Section 100, Criminal Procedure Code, from the Court of S. Joginder Singh Sekhon, Magistrate, for the production of Gurmail Kaur on the allegation that she was his legally wedded wife and was illegally confined against her will by one Nirmal Singh Patwari. In pursuance of these warrants when the lady with her daughter appeared before the Magistrate, she made a statement that she was unmarried and that she wanted to go to live with her father Kishan Singh. The Magistrate thereupon allowed her to go wherever she liked, but Zora Singh prevailed upon the Assistant Sub -Inspector Incharge of the Police Station to let him have the care and custody of Gurmail Kaur and her daughter which the Sub Inspector did. According to the Petitioner, the Assistant Sub -Inspector also obtained the thumb impression of Kishan Singh, father of Gurmail Kaur, on some paper but the lady was not handed over to her father.

(2.) A learned Single Judge of this Court issued notice on this petition on 21st September, 1962 and directed Gurmail Kaur's production in this Court on 26th September, 1962. On the last mentioned date, Gurdev Singh J., before whom the case was listed for hearing, found that the notices had been received back unserved, with the result that 5th October, 1962, was next fixed for the production of Gurmail Kaur. On that date also, notices could not be served. The Court, however, expressed a surprise on the inability of the serving agency to effect service of this Court's process. Fresh notices were, however, directed to be issued for 15th October, 1962, and a letter was also directed to be addressed to the Superintendent of Police, Patiala, to ensure service of the notices and submission of report to this Court before 15th October, 1962. It appears that the case could not be heard before 24th October, 1962, when Shri M.R. Sharma, Advocate for Zora Singh Respondent, stated that his client had been present at Chandigarh on 15th October, 1962 but since the counsel had not not been given a copy of the petition he had prayed for and secured adjournment. His client, however, did not care to contact him later with the result that the counsel was not in a position to put in any reply on behalf of his client. On behalf of the Petitioner, however my attention was drawn to the report of the Sub -Inspector (S.H.O. Police Station City Patiala) dated 4th October, 1962 from which it appears that Gurmail Kaur was with Zora Singh some time earlier. On Mr. Sharma's assurance that both the Respondents would actually appear in Court on the next date of hearing, I adjourned the case to to -day.

(3.) SHRI Sharma has during the course of hearing also pointed out that this very Patwari was outside the Court room in the beginning but later disappeared.