Punjab-Haryana High Court
Jiwanjit Singh vs The State Of Punjab And Others on 7 November, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Writ Petition No.2320 of 2011 1
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Writ Petition No.2320 of 2011
Date of Decision: 7.11.2011
Jiwanjit Singh
... Petitioner
Versus
The State of Punjab and Others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Naveen Sharma, Advocate
for Mr. Sant Pal Singh Sidhu, Advocate
for the petitioner.
Mr. S.S. Chandumajra, Deputy Advocate General,
Punjab, for the respondents.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present writ petition has been filed under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of Habeas Corpus for release of Iqbal Singh son of Kaur Singh, who was allegedly detained by respondent No.4.
In pursuance of the order dated 31.10.2011, the Warrant Officer had visited Police Station City-I, Abohar, District Fazilka, on 1.11.2011 at about 4.00 AM. He found Iqbal Singh son of Kaur Singh as well as Satpal Singh son of Mohinder Singh present in the lock up room. On inquiry, Gurmail Singh, Moharrir Head Constable, intimated him that both the detenues have been arrested under Section 107/151 Criminal Writ Petition No.2320 of 2011 2 Cr.P.C. As per the entry in the Daily Diary Register, arrest of the accused was effected on 31.10.2011 at about 3.30 P.M. Learned counsel for the State has filed reply on behalf of the respondents by way of affidavit of Harinder Singh, Deputy Superintendent of Police, Sub Division Abohar, District Fazilka. The same is taken on record. A copy thereof has been furnished to Mr. Naveen Sharma, Advocate, appearing for Mr. Sant Pal Singh Sidhu, Advocate, counsel for the petitioner. It is stated in the reply that the accused were arrested under Section 107/151 Cr.P.C. and lateron they were released on bail on 1.11.2011.
In view of the report of the Warrant Officer and the reply filed by the state, it cannot be said that the custody of Iqbal Singh is unlawful. Hence, no further directions are called for and the present writ petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge November 7, 2011 "DK"