Sahil Kumar v. State Of Punjab And Others

CRWP No.5527 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP No.5527 of 2024 Date of decision : 31.7.2024 Sahil Kumar .............Petitioner

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State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Rhythem Bajaj, Advocate, for the petitioner Mr. J.S. Rattu, DAG, Punjab Ms. Suman Kumari, Advocate, for Mr. Vikram Kumar, Advocate, for respondents no.4 and 5 Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. Suvir Sidhu, Advocate, for Notary Mr. Rajesh Kumar --- SANDEEP MOUDGIL, J (ORAL) The instant petition under Artice 226 of the Constitution of India preferred read with Section 482 Cr.P.C. seeking a writ of habeas corpus to get release the alleged detenue Nirmala Rani from the detention of illegal confinement of respondents no.4 to 7. 2.

In pursuance to order dated 16.7.2024, affidavit of Dr. Pragya Jain, IPS, Senior Superintendent of Police, Fazilka, already on the file, is taken on record.

3.

As per the affidavit the lapse occurred was neither intentional nor deliberate but due to inadvertence, paucity of time and miscommunication between the police officials. She also tender her Ashwani Kumar 2024.08.01 20:12 I attest to the accuracy and integrity of this document

CRWP No.5527 of 2024 -2unconditional apology. 4.

Afidavit of Notary Rajesh Kumar, is also on the file, As per affidavit the negligence on part of the deponent is neither intentional nor willful but due to the assurance given by the police official stating that the case is in urgent and SSP is coming. He also tendered his unconditional apology and undertakes not to repeat such act in future. 5.

The Court accepts the unconditional apology submitted by the SSP and Notary Public. They are discharged.

6.

Learned State counsel submits that as per the last order dated 16.7.2024, alleged detenue Nirmala Rani is residing happily with his maternal uncle, therefore, nothing remains to answer in the instant petition.

7.

Accordingly, the petition stands disposed of. (SANDEEP MOUDGIL) JUDGE 31.7.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.08.01 20:12 I attest to the accuracy and integrity of this document