Jagat Narain And ORS v. State Of Punjab And ORS

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Writ Petition No.7 of 2017(O&M) Date of Decision: February 3 , 2017.

Jagat Narain and others ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Veneet Sharma, Advocate for the petitioners.

Ms. Shivali, AAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for issuance of a writ of Habeas Corpus for the release of alleged detenues, namely, Sarabjit Kaur, Parvinder Kaur and Sandeep Kaur wives of petitioners No.1, 2 and 3, respectively, as well as the children of petitioners No.1 and 2.

A Warrant Officer was appointed by this Court vide order dated 05.01.2017. It is observed by the Warrant Officer that the alleged detenues Sarabjit Kaur wife of petitioner No.1 - Jagat Narain, Parvinder Kaur wife of petitioner No.2 - Shankar Singh and Sandeep Kaur wife of petitioner No.3 -

[2] Charanjit Singh were found sleeping in a guarded room in the Police Station Sarhali District Tarn Taran. A lady constable was also available in that room. It was informed that the said three persons were arrested in FIR No.2/15 dated 05.01.2015 under Sections 457/380 IPC registered at Police Station Sarhali. Entry in this regard had been made in the Roznamcha at Sr. No.27 at 6.30 p.m. on 05.01.2017. The detenues however denied this version by stating that they are innocent and have been falsely implicated and that they have been beaten and pressurized to give information about their husbands. As per the report dated 07.01.2017 of the Warrant Officer, the alleged detenues Sarabjit Kaur, Parvinder Kaur and Sandeep Kaur were found sleeping in a guarded room and had been arrested in the above mentioned case. At the time of visit, Dilpreet Singh and Sukhpreet Singh minor sons of petitioner No.2 were also found with the alleged detenues. Custody of the minor children were handed over to Harpreet Singh, brother-in-law of petitioner No.1.

Learned counsel for the petitioners submits that the said detenues have been falsely implicated in the abovesaid case. Action should be taken against the police authorities.

Learned counsel for the State, on instructions from SI Des Raj, Police Station Sarhali District Tarn Taran submits that the alleged detenues have been legally arrested in connection with the above noted case. They were produced before the competent court on 06.01.2017. They were arrested on the basis of the statement of a co-accused and recoveries have been effected from them as well.

I have heard learned counsel for the parties.

[3] In view of the report of the Warrant Officer, no further order is called for in the present petition. Petitioners as well as the alleged detenues would however be at liberty, if so advised, to seek legal remedies as may be available to them in respect to the averments raised by the learned counsel for the petitioners.

Disposed of accordingly.

( LISA GILL ) February 3 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No