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High CourtsSingle Bench(2020) 09 J&K CK 0010

Bhanu vs State Of J&K And Others

Jammu And Kashmir High Court · Decided on 2 September 2020

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Dismissed
CASE NUMBER
HCP No. 59 Of 2017, IA No. 1 Of 2017

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Judgment

6 paragraphs · 365 words

Rajnesh Oswal, J

The present Habeas Petition has been filed by the petitioner for issuing directions to respondent Nos. 1 to 4 to produce the husband of the petitioner, namely, Jeet S/o Mishri Lal. The petitioner claims to have married with Jeet on 26.07.2001. The petitioner further states that her husband is in the illegal confinement of respondent Nos. 5 to 7.

Status report has been filed by the official respondents in which it is stated that pursuant to order of this Court, a Special Investigation Team (SIT) was constituted vide DPO(Sr. Superintendent of Police) Jammu's order No. CRB/2020/41122-32/DPOJ dated 20.08.2020. It is further stated in the compliance report that the location of the Jeet was tracked in Shimla and after enquiring from the SHO of Police Station Saddar Shimla, it transpired that the person, namely, Jeet Kumar S/o Mishri R/o Rajiv Nagar, Narwal, Jammu at present Down Dale, Phagli Road, Mahashiv Colony, Shimla is involved in number of cases and FIR Nos. 06/2016, 110/2019, 180/2019 and 118/2020 have been registered against him in that police station. SHO of Police Station Saddar Shimla further reported that recently he (Jeet) was arrested in FIR No. 118/2020 for commission of offence under section 21 of the NDPS Act on 15.05.2020 and remained in police custody up to 20.05.2020. Thereafter the said Jeet was sent to judicial custody by the order of the Court. He further stated that an another case FIR No. 117/2017 has already been registered against him in Police Station, East Shimla, which is sub-judice in the court.

Mr. A. M. Malik, learned counsel appearing for official respondents, has vehemently argued that the husband of the petitioner is neither kidnapped nor under any unlawful custody of any person(s) rather than he has solemnized the marriage with one Ms. Suman resident of Down Dale, Phagli Road, Mahashiv Colony, Shimla Urban (HP) and had been residing along with her.

Heard and considered.

In view of the status report filed by the official respondents, it is evident that the petitioner's husband is not in any illegal confinement and also he has not been kidnapped, as such, nothing survives for adjudication before this Court. Therefore this petition is dismissed.