RAJENDER TANEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India seeking issuance of writ in the nature of Habeas Corpus/roving in order to locate/set at liberty the alleged detenue-Nikhil Taneja, who is alleged to be illegally detained by respondent No.4.

(2.) Learned counsel for the petitioner has argued that the petitioner is the father of the detenue-Nikhil Taneja who is admittedly in coma, since, 2011. It is submitted that since 2011, the parents were looking after their son in Suratgarh, Rajasthan, however, on 26/9/2022, respondent No. 4, who is the wife of detenue-Nikhil Taneja and was not residing in the matrimonial house forcibly removed the detenue from the custody of the parents qua which FIR No. 509 dtd. 1/10/2022 under Ss. 341, 323, 382 and 386 of IPC was lodged at Police Station Suratgarh, District Ganga Nagar, Rajasthan (Annexure P-4).

(3.) Learned counsel for the petitioner has further submitted that the custody of his son is not safe in the hands of respondent No.4 and to substantiate his argument, he relies upon an FIR No.67 dtd. 14/1/2023, registered at Police Station Karnal Civil Lines, District Karnal (Annexure P-3), lodged by respondent No. 4, in which she admits herself to be in an illicit relationship with a boy named Vikas and has demonstrated her intention to get married to the said accused in said FIR, which demonstrates that the respondent No.4-wife is not inclined to take care of her husband, moreso, she has admitted herself to be in an illicit relationship for the last more than two years with Vikas.