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High Court of Punjab and HaryanaCRWP/55/2021dismissed

Geeta Rani v. State Of Punjab And Others

2021-01-11Mr. Justice Jasgurpreet Singh Puri2 pages

CRWP-55-2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-55-2021 (O&M).

Decided on: January 11, 2021.

Geeta Rani .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Pranav Handa, Advocate, for the petitioner.

Mr.Luvinder Sofat, AAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Article 226 of the Constitution of India with a prayer to issue a writ in the nature of habeas corpus to release sunny son of Lat. Harbans Lal being alleged detenue. On 4.1.2021, notice was issued in this case and Warrant Officer was appointed in this regard.

Today, report of the Warrant Officer has been received in which it is stated that Warrant Officer along with the petitioner and her relative reached the Police Station, GRP Jalandhar on 5.1.2021 at about RAJ KUMAR ARORA 2021.01.12 12:09 I attest to the accuracy and integrity of this document

CRWP-55-2021 (O&M) 12:50 A.M. wherein Santri namely Shinder Lal was found present on the entry gate of the said Police Station. Thereafter, details of the roznamcha/DDR was asked from ASI Dilbagh Rai in the presence of the petitioner who stated that they are now in the Computer and thereafter entries in the computer were checked up and it was found that FIR No.01 dated 4.1.2021 at 22:05 hours was registered against aforesaid Sunny son of late Sh.Harbans Lal. Thereafter, the Warrant Officer had rushed towards the lock up and the alleged detenue was found present in the lock up room of the Police Station. The report of the aforesaid Warrant Officer shows that the detenue was found in the lock up room and the FIR already stood registered about 3 hours before his visit and therefore, it cannot be said that the detenue was in illegal confinement and therefore, no case would be made out for issuance of any writ in the nature of habeas corpus. In view of above, the present petition is dismissed. January 11, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2021.01.12 12:09 I attest to the accuracy and integrity of this document