High Court of Punjab and HaryanaCRWP/619/2016disposed of

Sikandar Singh v. State Of Punjab And ORS

2016-07-12Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No.619 of 2016 (O&M) Date of Decision: July 12, 2016 Sikandar Singh

...Petitioner

VERSUS

State of Punjab and others

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.S.K.Arya, Advocate for the petitioner.

Mr.D.S.Virk, Asstt. Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

The petitioner has filed this criminal writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus and for appointment of a Warrant Officer to search for the detenue namely Sohan Singh at the premises of respondent No.3 or at any place to be pointed out by the petitioner.

Notice of motion was issued and a Warrant Officer was appointed.

The Warrant Officer visited the Police Station Goindwal, District Tarn Taran at 9.35 P.M. on 06.05.2016 and entry in this regard was also made in the DDR. As per the report of the Warrant Officer, on search of Police Station Goindwal, District Tarn Taran, detenue Sohan Singh was recovered from the premises of the said police station and he was sitting in a VINEET GULATI 2016.07.19 15:35 I attest to the accuracy and authenticity of this document Chandigarh

CRWP No.619 of 2016 -2room near the Munshi room. When it was asked by the Warrant Officer from the Officer of police station, he stated that they did not detain the detenue and stated that he is not required in any case. The Warrant Officer also recorded the statement of Sohan Singh, in which he stated that he has been picked up by the police from his house on 04.05.2016 without any case and till date he was in the custody of the police. As the detenue has already been got released by the Warrant Officer, therefore, no further action is required in the present petition, as it has become infructuous and the same is disposed of. However, as the detenue was found in illegal custody at the police station Goindwal, therefore, State is directed to pay `20,000/- as compensation to the detenue within two months.

This compensation will be in addition to any damages etc., if claimed independently by the detenue. The detenue is also at liberty to avail alternative remedies available to him. July 12, 2016 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2016.07.