High Court of Punjab and HaryanaCRM-M/22575/2018disposed of

Rohit Narang & ORS v. State Of Punjab And ORS

2022-04-29Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH I.

CRM-M-22575-2018 (O&M) Date of decision: April 29, 2022 Rohit Narang and others ....Petitioners

Versus

State of Punjab and others ....Respondents II.

CWP-16361-2018 Rohit Narang ....Petitioner

Versus

State of Punjab and others .Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Sumit S. Bairagi, Advocate for Mr. S.K. Passi, Advocate for the petitioner(s).

Joginder Pal Ratra, DAG, Punjab.

Ms. Shubhra Singh, Advocate for CBI.

Mr. Brahmeet Singh, Advocate for Mr. L.S. Sidhu, Advocate for respondent No.3 (in CWP-16361-2018) ARVIND SINGH SANGWAN, J.

By way of this order, the Court intends to dispose of the above mentioned two petitions.

A prayer has been made in CRM-M-22575-2018 for issuance of directions to the officials respondents No.1 to 3 to protect the life and liberty of the petitioners and their family members from the hands of respondents No.4 to 5, who are DSP (C), Ferozepur and the SHO, Police Station, Ferozepur Cantt., District Ferozepur, respectively, and prayer made in petition, i.e. CWP-16361-2018 is for issuance a direction to safeguard the right of the petitioner at the hands of respondent No.3-District Drugs SATISH KUMAR 2022.04.29 16:18 I attest to the accuracy and integrity of this document

CRM-M-22575-2018 - 2 - Inspector, Ferozepur Cantt, Ferozepur. This petition was ordered to be listed with CRWP-394-2018, which stands tagged with CRM-M-22575-2018. It is stated that the petitioner has filed CRWP-394-2018 for release of his employee Raju and a Warrant Officer was appointed, who found Raju in the illegal custody of the SHO, Ferozepur Cantt. and was got released. It is further submitted that on account of the said fact, the respondents No.4 and 5 have started harassing the petitioners and they have an apprehension that they will be involved in a false case. Reply by way of affidavit dated of DSP (City), Ferozepur is on record, in which, the filing of the habeas corpus petition and visit of the Warrant Officer has been acknowledged. It is further stated that the petitioner was never harassed by the respondents No.4 and 5.

It is also stated that the DVR of the shop was never taken into possession and the police has gone to the shop of the petitioner only because there was a secret information. It is further stated that father of petitioners No.1 and 2 was earlier arrested in FIR No. 66 dated 26.3.2010 under Section 22 of the NDPS Act, Police Station (City) Ferozepur and he was convicted by the Special Judge-3, Ferozepur vide judgment dated 15.7.2014. It is further stated that even one FIR No.38 dated 29.4.2018 under Section 22 of the NDPS Act, Police Station Lohia stands registered and the petitioners, in anticipation has filed the present petition, though the police has acting in accordance with law.

In view of the reply filed by the DSP (City), Ferozepur that respondents No.4 and 5 are not harassing the petitioners, both the above mentioned petitions have been rendered infructuous and are disposed of as such.

( ARVIND SINGH SANGWAN ) April 29, 2022 JUDGE satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2022.04.29 16:18 I attest to the accuracy and integrity of this document