CHARAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents No. 2 to 6 to produce the detenue namely Ashu w/o Charan Singh d/o Baldev Raj.

(2.) Notice of motion was issued by this Court on 18.8.2009 and respondents No. 5 and 6 were directed to produce Ashu wife of the petitioner in Court on the next date of hearing. On 16.9.2009, Ashu was not produced. More time was granted to comply with the orders. Today, Ashu w/o Charan Singh d/o Baldev Raj is present in the Court. Her statement has been recorded separately. She has stated that she is more than 18 years of age and wants to stay with the petitioner and not with her parents.

(3.) Learned counsel for respondents No. 5 and 6 objected to the same on the ground that the marriage between the petitioner and Ms. Ashu cannot be accepted as they are from the same village. Crl. Writ Petition No. 913 of 2009 2 Mr. Pardeep Virk, DAG learned counsel for the State of Haryana on instructions from ASI Raghubir Singh states that they do not belong to the same village. Both are from separate villages adjoining each other. It was further stated that after investigation, it was found that the detenue is indeed married to Charan Singh and statement made by her under Section 164 Cr.P.C. made in the Court of SDJM Meham is correct.