Anjan Singh vs Sub Inspector Pt. Rattan Lal and others

Gopal Singh, J.—This is a petition u/s 491 of the Code of Criminal Procedure filed by Arjan Singh against Rattan Chand, Assistant Sub-Inspector of Police, Gama and Channi for Shrimati Budhan being set at liberty from the custody of the respondents.

Affidavits have been filed on behalf of the three respondents. All the three of them have deposed to the fact that Shrimati Budhan is not at all being detained by any one of them. Shrimati Budhan in her statement made in Court today said that she was never married to the petitioner, that she was married about a month ago to Channi respondent No. 3, that she had been abducted upon some misrepresentation made to her by the petitioner and that she remained with him for twenty days in Chandigarh. She herself stated hat she was never being detained by any one of the respondents and was of her free will living with Channi as his wife.

In the light of the above evidence in the form of affidavits placed on the record on behalf of the respondents, there is nothing to show that she is in any way under detention with any one of the respondents. In order that Section 491(1)(b), under which the petition has been made, may apply, the person, who is sought to be set at liberty, must be in detention with some other person. In other words, detention is a condition precedent for exercise of jurisdiction under that provision. Court can direct a person to be set at liberty, if he is in detention on the date on which the return is filed In the present case the evidence shows that she is not in detention with any of the respondents. Consequently, the petition u/s 491 is not competent.

The petition is dismissed and rule nisi discharged. The petitioner may seek such other remedy as may be open to him.