Balwinder Singh And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CRWP-6900-2020 (O&M) Date of Decision:-8.9.2020 Balwinder Singh and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rahul Bhargava, Advocate for the petitioners. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) The petitioners have approached this Court seeking issuance of a writ in the nature of mandamus directing respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of respondent No.4. The learned counsel for the petitioners contends that previously Gurmit Kaur had filed a Habeas Corpus petition i.e. CRWP No.6424 of 2020 seeking release of 10 detenues, who were allegedly detained by SHO, Police Station Sadar Batala, District Gurdaspur, Police District Batala. It is submitted that upon issuance of notice of motion, the police official concerned somehow released the said detenues and an affidavit was filed in this regard that none of the alleged detenues is detained. Consequently, the aforesaid Habeas Corpus petition was disposed of having been rendered infructuous.

PANKAJ KAKKAR 2020.09.08 17:30 I attest to the accuracy and integrity of this document

( 2 ) CRWP-6900-2020 (O&M) The learned counsel for the petitioners has submitted that the SHO, Police Station Sadar Batala, District Gurdaspur, Police District Batala somehow nursed a grudge against the said detenues and now has been threatening to implicate other members of their families in false cases, which has constrained the said members of their families to approach this Court by way of filing the instant petition.

Having heard the learned counsel for the petitioners and while refraining from making any expression as regards veracity of averments made in the petition, the petition is disposed of with a direction to respondent No.3-Senior Superintendent of Police, Batala, District Gurdaspur to look into the matter and to dispose of the representation dated 28.8.2020 (Annexure P-5) in accordance with law expeditiously and also to ensure that in case the petitioners are required to be associated in connection with any inquiry or any information is to be elicited from them, then a sufficient prior written notice be furnished to them before summoning them. 8.9.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.09.08 17:30 I attest to the accuracy and integrity of this document