Parminder Kaur v. State Of Punjab And Others

2023:PHHC:131038 CRM-W-1485-2023 IN/AND CRWP-9515-2023 -1117+248

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-W-1485-2023 IN/AND CRWP-9515-2023 Date of Decision: 09.10.2023 Parminder Kaur ...... Petitioner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Sandeep S. Majithia, Advocate, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) CRM-W-1485-2023 1.

This is an application for placing on record affidavit of the detenues Arjinder Kaur and Jaspinder Kaur as Annexures P-2 and P-3. 2.

For the reasons mentioned in the application, the same is allowed and the affidavits of the detenues Arjinder Kaur and Jaspinder Kaur are taken on record as Annexures P-2 and P-3. CRWP-9515-2023 1.

This is a petition filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Habeas Corpus directing respondents No.2 and 3 to produce the detenues (i) Arjinder Kaur wife of Kewal Singh (ii) Jaspinder Kaur wife of Baljit Singh (iii) Gurpanth Singh son of Baljit Singh and (iv) Manjinder Kaur wife of Amrik Singh and to appoint a Warrant Officer to raid the premises of respondent No.3 or any VIRENDRA SINGH ADHIKARI 2023.10.11 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:131038 CRM-W-1485-2023 IN/AND CRWP-9515-2023 -2other premises upon the asking of the petitioner so as to recover the abovesaid detenues; along with certain other prayers. 2.

In compliance of order dated 22.09.2023, report of the Warrant Officer has been received, which is taken on record. As per the said report, he, along with petitioner-Parminder Kaur, visited the Police Station Division No.7, Jalandhar and searched the said Police Station. But the alleged detenues were not found there. Thereafter, the petitioner told him that the alleged detenues might be in the residential quarter of Lady Constable Jasvir Kaur. Accordingly, he, along with the petitioner, visited the residential quarter of the said lady constable, but the alleged detenues were also not found there.

3.

Although, now the affidavits have been filed by the alleged detenues Arjinder Kaur and Jaspinder Kaur that the search conducted by the Warrant Officer was frustrated on account of the prior information having been supplied to the police by someone, however, the very fact that the alleged detenues have filed their affidavits, itself shows that the deponents are not in any illegal custody any more.

4.

In view of the above, the present petition is disposed of as infructuous.

(RAJBIR SEHRAWAT) JUDGE 09.10.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.10.11 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh