Sukhwinder Singh v. State Of Punjab And Others

2024:PHHC:002565

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-196-2024 Date of Decision : January 10, 2024 SUKHWINDER SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Sukhbir Maandi, Advocate for the petitioner.

Mr. M.S. Bajwa, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant criminal writ petition, the petitioner has craved for issuance of directions upon the respondent No.2, to ensure protection of life and liberty of the petitioner and his family members, at the hands of respondents No.3 and 4, who illegally and wrongfully detained, tortured, harassed and humiliated the petitioner and his family members, on the pretext of investigation in FIR No.210 dated 11.11.2023, under Sections 302, 452, 34 of the IPC, and, Sections 25, 27 of the Arms Act, 1959, registered at P.S. Beas, District Amritsar (Rural). 2.

The learned counsel for the petitioner, in his asking for the relief (supra), has submitted that since the son of the petitioner has been arrayed as an accused in the FIR (supra) and is absconding, therefore, the respondents No.3 and 4, under the garb of investigation, have been causing harassment to the petitioner and his family members. He has further submitted that even though the petitioner and his family members DEVINDER YADAV 2024.01.11 16:03 I attest to the accuracy and authenticity of this order/judgment

CRWP-196-2024 2024:PHHC:002565 do not have any concern or connection with their absconding son, nor they are providing any shelter to him, yet they are ready to cooperate with the investigating agency, if investigation is conducted in accordance with law.

3.

The learned State counsel, who is in receipt of advance notice, has, on instructions imparted to him by A.S.I. Rashpal Singh, informed this Court that the police officials have been conducted raids at the house of the petitioner only to trace the whereabouts of his absconding son and there has been no intention to cause any harassment to the petitioner and his family members. He has further submitted that the police officials concerned will, in future, ensure that no harassment or inconvenience is caused to the petitioner and his family members, owing to their raids, which shall only be conducted if there arises any apprehension that the absconding son of the petitioner is hiding in the house of the petitioner. He has further assured that raid, if any, will be conducted only after following mandatory procedure of law. 4.

In view of the submissions and assurance made hereinabove by the learned State counsel, no interference of this Court is required. 5.

Disposed of accordingly.

(KULDEEP TIWARI) January 10, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.01.11 16:03 I attest to the accuracy and authenticity of this order/judgment