High Court of Punjab and HaryanaCRM-M/24004/2015disposed of

Rajinder Singh v. State Of Punjab And ORS.

2015-07-24Mr Justice Gurdev Singh2 pages

CRM-M-24004-2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24004-2015 Date of decision: 24.07.2015 Rajinder Singh ..... Petitioner

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Rajinder Sharma, Advocate for the petitioner. R.P. NAGRATH, J. (ORAL) Prayer in the instant petition filed under Section 482 Cr.P.C. is for issuance of a direction to respondents No. 1 to 3 to protect the life and liberty of petitioner at the hands of respondent No. 4-ASI Kulwant Singh, CIA Staff, Amritsar, with a further direction to respondents to allow the petitioner to take and use his Ford Fiesta Car No. PB-08-AW9333, which was illegally detained by respondent No. 4 in the building of CIA Staff, Amritsar.

Learned counsel for the petitioner inter alia contends that vehicle No. PB-08-AW-9333 in the ownership of petitioner was taken by respondent No. 4 and kept the same in CIA Staff building. It is further contended that no FIR has been registered in this regard. Notice of motion to respondents No. 1 to 3 only, at this stage.

RISHU KATARIA 2015.07.28 15:18 I attest to the accuracy and authenticity of this document

CRM-M-24004-2015 -2On the asking of Court, Mr. Gazi Mohd., DAG, Punjab accepts notice on behalf of respondents No. 1 to 3. Let requisite number of copies of paper-book be supplied to learned State counsel during the course of day. In view of the nature of order that is proposed to be passed, no reply is required to be filed by the respondents. The petitioner has already filed a representation dated 15.07.2015 (Annexure P-4) in this regard before respondent No. 2Commissioner of Police, Amritsar City, Amritsar. The instant petition is disposed of with a direction to respondent No. 2-Commissioner of Police, Amritsar City, Amritsar, to look into allegations contained in representation dated 15.07.2015 (Annexure P-4) and dispose of the same expeditiously and preferably within a period of three weeks, in accordance with law.

In case, the vehicle is required in some case either in a complaint or FIR, the aforesaid observations will not hamper the investigation of said case and in that case remedy to the petitioner would be only to apply before the Area Magistrate, for the release of said vehicle.

July 24, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.07.28 15:18 I attest to the accuracy and authenticity of this document