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2022 Supreme(P&H) 1321

SANT PARKASH
Sukhjit Kaur – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Deepak Aggarwal, Advocate, for the Petitioner.; Mr. Tanvir Joshi, Assistant Advocate General, Punjab For; Respondent Nos.1 To 3.; Mr. Rajinder Kumar Singla, Advocate, for Respondent; Nos.4 And 5.

JUDGMENT

Sant Parkash, J. - This is a petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus with a roving writ to search/release of Amreen Kaur, aged 5 years (minor daughter of petitioner) from the custody of respondent Nos.4 and 5 i.e. father-in-law and mother-in-law of petitioner.

2. Briefly the facts of the present case are that petitioner and her husband Lakhwinder Singh were blessed with a daughter namely Amreen Kaur, aged 5/6 years. On 27.05.2020, petitioner alongwith her husband, daughter and in-laws had 'kheer' in dinner, whereafter the entire family complained of food poisoning and admitted in Pooja Nursing Home & Hospital, Raman, District Bathinda. Though the family (exceptLakhwinder Singh) was discharged after having treatment but Lakhwinder Singh died on 30.05.2020. Thereafter, in-laws of petitioner got registered an FIR bearing No.74 dated 02.06.2020 under Sections 307, 302 IPC at Police Station, Raman, Bathinda, against her on the allegations that she was responsible for the death of her husband. During investigation, police did not find petitioner's guilt but respondent Nos.4 and 5 forcibly took away her minor

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