Sunny Kumar v. State Of Punjab & ORS

CRWP 1773/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:29.03.2016 Sunny Kumar .............Petitioner v.

State of Punjab and others .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Ramesh Sharma,Advocate for the petitioner Mz.Rimplejeet Kaur,AAG Punjab with ASI Manjinder Singh Jaswant Singh,J.(Oral) The present petition seeking a writ of Habeas Corpus was filed by the petitioner with the allegations that his father Baldev Raj was in illegal detention of respondents 2 and 3 i.e. SSP Moga and SHO PS Dharamkot,Distt.Moga.

Vide order dated 10.12.2015 while appointing a Warrant Officer, notice of motion was issued.

Counsel for the parties heard.

Written statement dated 6.1.2016 by way of affidavit of Jaswinder Singh,PPS,DSP (H)Moga,Distt.Moga has been filed on behalf of respondents stating therein that a secret information was received by the police party headed by ASI Manjinder Singh,according RAJINDER PRASHAD JOSHI 2016.03.29 18:31 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRWP 1773/2015 to which as many as seven persons, including father of the petitioner, were planning to commit dacoity. Upon receipt of said secret information a raid was conducted and three persons including Baldev Raj-father of the petitioner was arrested from the spot while rest of the accused run away. It is further stated in the reply that in this regard FIR No.195 dated 10.12.2015 under Sections 399,402 IPC was recorded at PS Dharamkot and as such custody of detenue Baldev Raj was lawful. In view of the above, present petition is disposed of as having become infructuous.

29.03.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.03.29 18:31 I attest to the accuracy and authenticity of this document High Court, Chandigarh.