Balveer Singh v. State

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal W.P. No.1406 of 2015 .....

Date of decision:13.1.2016 Balveer Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Received by post.

Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The complaint sent by Balveer Singh to the Hon'ble Chief Justice of High Court of Punjab and Haryana has been taken up for hearing on judicial side, in which it has been stated that on 13.9.2015 at about 8.00 a.m. Police took away his nephew Saraj from home. On 16.9.2015 at about 1.00 p.m., they took away his another nephew Karaj and his son Harpreet Singh, it has also been stated that two years ago he had undergone abdomen surgery and there is danger to his life. It has also been stated that the Police had also taken away their vehicle Mini Cask, which has been purchased from Malwa Transport. None of the intoxicants or any other substance was recovered from them when the Police arrested them. Notice of motion was issued. Learned State counsel accepted

Cr. W.P. No.1406 of 2015 [2] the notice. The learned State counsel on instructions from SI Rajwant Pal Singh on 27.11.2015, stated that detenu is not in their custody nor there is any FIR against the detenu.

Today, status report has also been filed, in which it is stated that no registration number of the vehicle had been given which is stated to be taken away by the Police. Nothing has been stated regarding the place from where the vehicle was picked up on 13.9.2015 and 16.9.2015. It has also been stated that the mobile number which is mentioned in the application is also not responding. The address which is mentioned in the application that has also been inspected but no one is residing at the above said address by the name of the applicant. It is also stated in the report that in fact no one by the name of Balveer Singh son of Charan Singh, resident of Street No.3, Gobind Nagar, Near Daba Police Station, District Ludhiana, is residing at the place of address mentioned in the application. The place of address mentioned in the application has also been physically inspected and the statement of Naresh Chinalia resident of Dr. Ambedkar, Lok Sewa Daba Colony, Police Station Shimlapuri, Ludhiana was also recorded to the same effect.

Keeping in view the report that there is no such person residing at the given address in the application and also the statement of the learned State counsel, which was given on 27.11.2015, on instructions of SI Rajwant Pal Singh that no such detenu is in their custody nor there is any FIR against them and the address mentioned in the application are also fake specially regarding the vehicle number etc., no further action is required to

Cr. W.P. No.1406 of 2015 [3] be taken in this petition and the same is disposed of. January 13, 2016.

(Inderjit Singh) Judge *hsp*