TULSI DEVI Vs. SHEESH PAL PUJARI

JUDGEMENT

(1.) PETITIONER Tulsi Devi widow of Aan Singh, filed this criminal writ petition for issuance of a Writ in the nature of habeas Corpus and directing respondents No. 1 and 2 to produce Asha wife of Shiv Kumar Sharma, daughter of Tulsi Devi, alleged to be in illegal custody of respondents No. 1 and 2 and for a direction to respondents No. 3 and 4 to take active steps for searching and producing Smt. Asha.

(2.) UPON notice, reply was filed on behalf of respondents No. 1 and 2, who in their reply, mentioned that they had no knowledge of whereabouts of Smt. Asha nor is she in their custody.

(3.) MR . Ajai Lamba, Advocate, counsel for U.T. placed on record report dated 10.11.1994 of S.C. Abrol, Deputy Superintendent of Police (Detective), U.T. Chandigarh, in which it has been stated that on account of concerted efforts, detailed investigation and particularly the interrogation of various persons, letters, polygraph tests and interrogation of the husband of Smt. Asha Rani, Shri Shiv Kumar, the Investigating Officer developed the opinion that Shish Pal Pujari positively had a hand in the occurrence. Shish Pal Pujari was intensively interrogated and on 1.11.1994, he sought 24 hours' time to give a clue of the whereabouts of Asha Rani. The Investigating Officer was informed on 3.11.1994 in the morning by the brother of Smt. Asha Rani that she had come home the earlier evening. Statement of Smt. Asha Rani was recorded in order to ascertain and verify her whereabouts right from 3.2.1994 till her appearance. She also gave her statement before Shri G.S. Matharoo, Judicial Magistrate, Chandigarh, under Section 164, Cr.P.C. in which she stated that she had developed illegal relations with Shish Pal Pujari. For the reason that he was already married and he could not re-marry, she was married to Shiv Kumar on 3.12.1993. She was pregnant at the time of marriage. Thereafter, she went to Ambala to live with Shish Pal Pujari of her own will, who kept her at Ambala and used to visit that place some times. During that period, she gave birth to a daughter on 22.8.1994. On 2.11.1994, she came to her parents on the asking of Shish Pal Pujari of her own accord and nobody pressurised her for that.