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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Kajal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
The instant petition involves peculiar facts whereby jurisdiction of this Court has been invoked under Article 226 of the Constitution of India seeking the Writ of Habeas Corpus for a direction to the State through Secretary, Department of Home Affairs and Justice, Haryana along with Deputy Commissioner of Police, District Panchkula and Station House Officer, Police Station Chandimandir Panchkula to ensure release of alleged detenue Babli being in forced confinement of respondents No.4 and 5 at their house or any other place.
2. The petitioner claiming her age to be 22 years with her date of birth as 22.01.2002 as is evident from Aadhaar Card placed on record at Annexure P-1, claimed herself to be in love with alleged detenue Babli asserting that she can't live without her showing her date of birth as 15.06.2004 (17 years+ at the time of filing the present petition) as per the Aadhaar Card (Annexure P-2).
3. It was asserted on behalf of the petitioner that she had already made an attempt to commit suicide once but was saved with the grace of almighty and on the other hand the age of alleged detenue Babli was disputed after the respondents No.4 and
The court ruled that discrepancies in the age of a detenue based on multiple documents necessitate a proper mechanism for investigating claims of forced confinement, particularly where minors are inv....
The main legal point established in the judgment is the entitlement to regular bail based on the nature of the accusation, evidence against the accused, their custody period, and parity with other co....
The court affirmed the constitutional duty of police to protect individuals from extra-legal threats, emphasizing the need for effective mechanisms to ensure safety for couples facing societal harass....
The court emphasized the fundamental right to life and liberty under Article 21, asserting protection for adults in a live-in relationship against familial threats, regardless of marriageable age.
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