- (1.) INSTANT habeas corpus petition has been filed by the father of alleged detenue Kumari Amrita who according to him was working as Agriculture Officer in Corporation Bank, Agra and when on 04.08.2013 the detneue was at Jaipur, she went from his house to meet her friend and did not return back thereafter and all the family members tried their level best to search her in their relations and at known places and on 14.08.2013 the petition's son received a telephonic call of his sister (the detenue) from unknown number informing that she was enticed by her school colleague -respondent No.5 who took her for a treat and administered her some intoxication and she is under illegal custody of respondent No.5.
(2.) IMMEDIATELY thereafter, this information was transferred to the police and an FIR was lodged u/S.363 and 366 IPC at Police Station Vaishali Nagar, Jaipur No.799/2013 dt.16.09.2013 and when no efforts were made by the Investigating Officer, the instant habeas corpus petition came to be filed by the petitioner before this court. After examining the material available on record, this court prima faice issued notices to the respondents on 24.10.2013 and at the same time further granted liberty that if the detenue is traced, her statement may be recorded u/S.164 Cr.P.C. and shall not be produced unless directed by the court. On the next date of hearing i.e. 31.10.2013 when matter came up before the court, the Investigating Officer placed material for perusal transpired during investigation and revealed that the detenue along with respondent No.5 filed a writ petition - Crl.Misc.No.M -26007 of 2013 (O&M) before the High Court of Punjab and Haryana impleading Police Officers of State of Rajasthan as party -respondent along with others. On the joint petition, duly supported by the affidavit of detenue, the High Court of Punjab and Haryana passed order dt.08.08.2013. For the present purpose, it will be appropriate to quote the order dt.08.08.2013 which reads ad infra: ''Heard. Learned counsel for the petitioners states that the petitioners will be satisfied if Senior Superintendent of Police, Sangrur i.e. respondent No.2 is directed to take appropriate action in accordance with law on application dated 05.08.2013 (Annexure P -6), made to him by the petitioners. As per averments made in the petition both the petitioners are major. Date of birth of petitioner No.1 -Aamna @ Amrita Khichar, as per copy of certificate of Secondary School Examination, Annexure P -1, is 01.07.1987 and date of birth of petitioner No.2 -Shahab Ahmad as per copy of certificate of Matriculation Examination, Annexure P -2, is 08.03.1986. They got married on 05.08.2013 as per Annexure P -3. Photographs of the marriage are Annexure P -4. In view of the limited prayer made by the learned counsel for the petitioners and without going into the merits of the claim raised by the petitioners in the petition, this petition is disposed of with direction to respondent No.2 - i.e. Senior Superintendent of Police, Sangrur to take appropriate action in accordance with law on application dated 05.08.2013 (Annexure P -6) as already stated to have been moved to him by the petitioners. However, it is made clear that this order will be having no effect on the validity of alleged marriage of petitioners or on any other civil or criminal proceedings instituted against petitioner no.2 as per law. ''
(3.) IT is not disputed that as per the date of birth of detenue which is 01.07.1987 she attained age of majority and certainly free to take her own decision and in the affidavit of detenue, attested by the Executive Magistrate, Malerkotla, District Sangrur (Punjab) she deposed that she solemnized marriage with Shahab Ahmad s/o Sh.Abdul Shakoor, r/o House No.15/215, Mohalla Gujjaran, Maler, Malerkotla, District Sangrur (Punjab) and residing with her husband at her own sweet free will and consent and 'Nikahnama' is annexed which was executed in the presence of witnesses and Qazi. It is also deposed that when the Police Officer representing the office of Superintendent of Police (West), Jaipur came to her matrimonial house on 13.11.2013 along with local SHO City -II, Malerkotla, she got her statement recorded to the effect that due to severe threats to her life and honour killing from parents' family and to face dire consequences, she cannot go to Jaipur to record statement u/S.164 Cr.P.C. She further deposed that on 15.11.2013 a criminal complaint was filed by her u/S.323, 506, 34 IPC at the court of Sub Divisional Magistrate, Malerkotla against the accused persons including petitioner as well and at the same time on the summons sent by Investigating Officer for recording her statement u/S.164 Cr.P.C. in reference to the FIR No.799/2013 u/S.363 and 366 IPC, the detenue herself requested, apprehending threat to her life, that her statement u/S.164 Cr.P.C. may be recorded by ld.Magistrate, Malerkotla.;