Jora Singh, J. - (1.) THE present petition has been filed under Articles 226 and 227 of the Constitution of India, for issuance of writ in the nature of Habeas Corpus directing the Respondents to produce Rinki minor daughter of the Petitioner before this Hon'ble Court and to handover the custody of Rinki to the Petitioner.
(2.) LEARNED Counsel for the Petitioner states that the alleged detenue -Rinki is less than 15 years of age and on 27.11.2010 at about 7 AM, she had gone to school but did not return. Thereafter, Petitioner and his relatives approached the parents of Respondent No. 4 with request to hand over Rinki to the Petitioner but the Respondents No. 4 and 5 started quarrelling with the Petitioner and his relatives. He further states that a complaint was sent to Police Station and in pursuance of said complaint, FIR 320 dated 03.12.2010 under Sections 363/366 IPC was registered against Respondents No. 4 and 5 but till today no action has been taken by the police. Reply filed on behalf of Respondents No. 1 to 3 is on the file and is to the effect that the complaint was marked to ASI Satyawan, who had gone to the house of Respondents No. 4 and 5 but the alleged detenue -Rinki and Respondent No. 4 were not found. Mam Chand and Rehati Devi parents of Respondent No. 4 were present and they stated that the alleged detenue -Rinki has performed marriage with Respondent No. 4.
(3.) VIDE order dated 23.03.2011, ASI Tarsem lal, Investigating Officer, who was present in Court was directed to make efforts to trace the alleged detenue and Respondent No. 4.;