Jasbir Singh v. State Of Punjab And Others

CRWP No.10220 of 2023 2023:PHHC:137605

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP NO. 10220 OF 2023 (O&M) DATE OF DECISION : 16.10.2023 Jasbir Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM :

HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. K. S. Brar, Advocate, For the petitioner.

Mr. Hakam Singh, AAG, Punjab.

ARUN MONGA, J. (ORAL) Petition herein is under Article 226 of the Constitution of India read with Section 482 of Cr.P.C, seeking issuance of a writ in the nature of habeas corpus directing the official respondents to get release the detenue, namely Kuldeep Singh son of Roop Singh, from illegal detention of respondents No.3 and 4. Further prayer has been made for appointment of Warrant Officer.

2.

Vide order dated 13.10.2023 passed by this Court, warrant officer was appointed. A veracity report was also called for. 3.

Report of warrant officer has been received which reads as under : "

In compliance with the order dated 13.10.2023 passed by Hon'ble Mr. Justice Arun Monga, undersigned was appointed as Warrant Officer in the above noted case on 13.10.2023.

I along with Mr. Jabir Singh (Petitioner) left Chandigarh at 6:50 P.M. I reached at Police Station, CIA, Sri Muktsar Sahib at 12:13 A.M. with regard to release of detenue Kuldeep Singh S/o Roop Singh. Gate of the Police Station was locked from inside and after repeatedly knocking and calling nobody turned up to open the door. I called control room thrice thereafter the gate was opened at 12.40 A.M. ASI Jagsir Singh, Duty Officer, 810/SMS met me there. After disclosing my identity and purpose of visit, I ask him to hand over the Rojnamcha to me and show each and every corner of the Police Station. I along with the petitioner searched for each and every corner of the Police Station but the detenue was not found inside the Police Station.

Thereafter, the petitioner ask me to search the detenue at Police Post Bus Stand, Sri Muktsar Sahib, Police Station SHALINI BHATIA 2023.10.20 18:01 I attest to the accuracy and integrity of this order/ judgment

CRWP No.10220 of 2023 2023:PHHC:137605 Sadar, Sri Muktsar Sahib, Police Post Chak Duhowala, Police Station CIA Malout and Police Station Sadar Malout, but the detenue was not found there.

Notices issued to Respondent No.2 to 4 were received by ASI Jagsir Singh, Police Station, CIA, Sri Muktsar Sahib. GD Entry was made by the concerned Police Station/ Police Post are at R-1 to R-6.

After satisfaction of Jasbir Singh (Petitioner), I left for Chandigarh at 5.15 A.M.

Report is submitted for kind perusal of His Lordship please". 4.

Heard.

5.

On a Court query, it is candidly admitted by learned counsel for the petitioner that petitioner is currently not in detention and was released on the next date of filing the instant writ petition. 6.

In view of the above, no ground for continuing with the instant writ petition is made out.

7.

Dismissed.

8.

Pending application(s), if any, shall also stand disposed of. OCTOBER 16, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.10.20 18:01 I attest to the accuracy and integrity of this order/ judgment