SUKHBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed present petition under Article 226 of the Constitution of India read with Section 482 Cr.PC seeking issuance of a roving writ in the nature of habeas corpus for appointment of a warrant officer so as to secure the release of detenue/respondent No.6, who is stated to be in illegal custody of respondents No.4 and 5.

(2.) Learned counsel for the petitioner has contended that the petitioner met respondent No.6 through his cousin Ramneek Kaur, who was staying at the house of respondent No.6 at Kapurthala. His cousin Ramneek Kaur was pursuing a nutrition course. The petitioner and respondent No.6 continued to meet and talk on phone and in March, 2016, both decided to discuss the prospects of their marriage with their respective family members. Though the parents of petitioner were happy with the proposed marriage of the petitioner with respondent No.6, but the parents of respondent No.6 did not agree to this proposal. They, rather, blatantly refused to accept this relation.

(3.) The plea projected by the petitioner is imaginary. There is no established relationship between the petitioner and respondent No.6. Admittedly, respondent No.6 is in the custody of her parents which cannot be termed to be illegal custody. The filing of the writ petition is a blatant misuse of process of law. Such like petition needs to be dismissed outrightly. Considering the fact that respondent No.6 is staying with her parents, the petitioner, who is claiming himself to be a friend of respondent No.6, cannot invoke the writ jurisdiction for issuance of habeas corpus against the parents of respondent No.6.