Parvesh v. State Of Haryana And Others

CRWP No. 7784 of 2023 2023:PHHC:101302

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7784 of 2023 Date of Decision: 07.08.2023 Parvesh ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Aditya Partap Singh, Advocate for the peƟƟoner. Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J.

Seeking release of the alleged detenu, the peƟƟoner has come up before this Court under ArƟcle 226 of the ConsƟtuƟon of India.

2.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondents is required. 3.

The allegaƟons regarding illegal detenƟon are stated in paragraphs no. 2 of the peƟƟon and prima facie, point towards some restrain. Given above, considering the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Sub Divisional Magistrate, either on its own or through a warrant officer or any other officer authorized by the DM/SDM, visit the place of detenƟon and, if the persons are found to be in illegal custody, ensure their immediate release, subject to verificaƟon, that there are no malafide intenƟons and the custody is bonafide, apart from other aspects which would require consideraƟon. If such an officer needs police assistance, the SHO of the concerned police staƟon(s) shall provide it.

4.

This peƟƟon is closed with the direcƟons menƟoned above, which are to be complied with on a priority. It is clarified that there is no adjudicaƟon on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogaƟon of the alleged detenu is required in any cognizable case. It shall also be open for the peƟƟoner to approach this Court again for any surviving or consequent grievances.

JYOTI 2023.08.07 15:00 I attest to the accuracy and integrity of this order/judgment.

CRWP No. 7784 of 2023 2023:PHHC:101302 5.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 07.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.07 15:00 I attest to the accuracy and integrity of this order/judgment.