Amrinder Singh v. State Of Punjab & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 27.08.2016 Amrinder Singh ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. H.S. Batth, Advocate for the petitioner.

Mr. APS Gill, Assistant Advocate General, Punjab. **** RITU BAHRI, J. (Oral) Present petition has been filed for the immediate release of detenue, namely, Saminder Singh son of Sardha Singh, who is father of the petitioner from the illegal confinement in Police Station, Sultanwind, District Amritsar City (respondent No.3).

Upon notice, reply on behalf of respondent Nos.1 to 3 by way of affidavit of Assistant Commissioner of Police, South, Amritsar has been filed in Court. Same is taken on record.

In the reply, it has been stated that Jagjit Singh, brother of the petitioner, is a notorious and dreaded gangster. He is a member of infamous gang known as "Sonu Kangla". On 29.04.2016, this gang had kidnapped Karanbir Singh son of Jarnail Singh. After killing Karanbir Singh, they had

-2thrown his dead body in bushes in the area of District Tarn Taran. In this regard, FIR No.110 dated 30.04.2016, under Sections 364/302/201/148/149/120-B IPC and Sections 25/27 of Arms Act, has been registered at Police Station, Sultanwind, Amritsar City. Jagjit Singh, brother of the petitioner, has been named in the said FIR as one of the accused. Further, on 04.05.2016, in broad day light at public place, the same gang had killed Haria @ Rahul and injured Deepak @ Deepu & Sunny @ Bhaga by firing upon them. With regard to the said incident, FIR No.113 dated 04.05.2016, under Sections 302/307/148/149/120-B IPC and Sections 25/27 of Arms Act has been registered at Police Station, Sultanwind, Amritsar City, wherein name of Jagjit Singh has been figured as one of the accused.

The local police is making all possible efforts to arrest all the nominated accused by conducting continuous raids at their hideouts. In this venture, raids were also being conducted at the residence of the petitioner because accused-Jagjit Singh @ Jagga, brother of the petitioner, lives in the same house. Despite raids being conducted, he has not been found at his residence. Sometimes, petitioner or his father or other members of the family were found at their residence. However, they do not co-operate with the police and are not providing any information regarding whereabouts of absconding accused-Jagjit Singh @ Jagga. It is learnt that accused-Jagjit Singh @ Jagga is in constant touch with his family members.

Saminder Singh, father of the petitioner, is a police official, therefore, they have concocted a false story for creating pressure upon the Investigating Officer in order to prevent him from conducting raids at their residence in search of accused-Jagjit Singh @ Jagga, who is still at large. PO proceedings have been initiated against him, whereas chalan in FIR No.110 dated 30.04.

-3has been presented against other five accused. It has been further stated that Saminder Singh, father of the petitioner, has never been taken in police custody by respondent No.3.

In view of the stand taken by the respondents in their reply, no further orders are required to be passed in this petition. Dismissed.

August 27, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No