Punjab-Haryana High Court
Dharampal vs State Of Haryana And Others on 17 February, 2011
Author: Jora Singh
Bench: Jora Singh
CRWP No. 2509 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No. 2509 of 2010
Date of decision: 17.02.2011
Dharampal
........ Petitioner
Versus
State of Haryana and others
........ Respondents
CORAM: HON'BLE MR.JUSTICE JORA SINGH
PRESENT: Mr. Naveen Kaushik, Advocate, for the petitioner.
Mr. Rajiv Prashad, Deputy Advocate General, Haryana.
JORA SINGH, J.
This petition is under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus, for the release of Om Chand S/o Late Sh. Mohan Lal, R/o village Baghola Tehsil and District Palwal, from the illegal custody of Police Station Hodal.
That on 18.12.2010, at about 8.30/8.45 a.m. Om Chand, was taken away by the police of Police Station Hodal. Information in this regard was given to (i) Ram Niwas, Member, Zila Parishad; (ii) Sunil S/o Ghela ram R/o village Bhagola and (iii) Suresh S/o Pat Ram R/o village Bhagola. After that petitioner along with above said persons had gone to Police Station Hodal, to know about the matter and reply of the police was that Om Chand has recently entered into an agreement to sell with Om Parkash R/o Hodal. Petitioner was directed to bring the CRWP No. 2509 of 2010 -2- original documents of that agreement for the release of Om Chand.
Vide order dated 20.12.2010, passed by this Court, warrant officer was appointed to accompany the petitioner and search the detenu at the place (s) pointed out by the petitioner and in case the detenu is found in illegal custody then warrant officer shall set him at liberty forthwith. Report of the warrant officer is on the file and the same is to the effect that on 21.12.2010 at about 1.50 a.m. raid was conducted and the detenu was found in the police lock-up of Police Station Hodal. On enquiry, SHO replied that Om Chand was arrested in case FIR under Sections 107/151 Cr.P.C. registered at Police Chowki Mund Kati. Detenu was got released from the custody of police.
In pursuance of notice, State has filed reply on the allegation that on 15.12.2010, Smt. Chanda wife of Om Parkash gave an application to Sub Divisional Officer (Civil), to take action against Om Chand and others for fraudulently obtaining false receipt of ` 5,60,000/- from her husband as earnest money for sale of land measuring 16 kanals situated within the mauza of Hodal, after kidnapping Om Parkash. This application was marked to SHO, Police Station Hodal, for necessary action. In compliance with the order dated 15.12.2010, of SDO (Civil), the concerned persons whose names find mentioned in the application were summoned by Sub Inspector Duli Chand, Incharge, Police Post Mund Kati, to verify the facts. Om Chand became angry and threatened to cultivate the land forcibly and eliminate the complainant party. To avoid breach of peace and any mis-happening proceedings under Section 107/151 Cr.P.C. were initiated. On personal search of Om Chand, one mobile and ` 1080/- were recovered. CRWP No. 2509 of 2010 -3- Personal search memo was prepared, signed by Om Chand and other witnesses. Regarding arrest intimation was given to his family members. DDR No. 17 dated 20.12.2010, was recorded. There was no lock up in Police Post Mund Kati then Om Chand was brought to Police Station Hodal. Om Chand was not found in the illegal custody of the respondents.
Learned counsel for the petitioner argued that vide order dated 20.12.2010, warrant officer was appointed. Raid was conducted on 21.12.2010 at 1.50 a.m. Om Chand was found in the custody of Police Station Hodal. Regarding his arrest no entry in the roznamcha. According to personal search memo Om Chand was arrested from village Bhagola. In case he was arrested by in incharge of Police Post Mund Kati then entry should have been made in the roznamcha of Police Station Hodal.
Learned State counsel argued that Smt. Chanda wife of Om Parkash, moved an application dated 15.12.2010 before Sub Divisional Officer (Civil), and that application was marked by the SDO (Civil) to SHO, Police Station Hodal. In connection with the investigation of this application both the parties were summoned to Police Post Mund Kati. In Police Post Mund Kati, Om Chand became annoyed and attempted to eliminate the complainant party. To save the situation Om Chand was arrested under Section 107/151 Cr.P.C. Entry in this regard was made in the roznamcha but there was no lock up in Police Post Mundkati, then Om Chand was brought to Police Station Hodal.
Submission of the learned State counsel seems to be CRWP No. 2509 of 2010 -4- reasonable one. As per order dated 31.1.2011, learned State counsel was directed to produce roznamcha of Police Station Hodal and Police Post Mundkati for the month of December, 2010. Copies of the relevant entries of the roznamcha of Police Station Hodal and Police Post Mund Kati along with copies of complaint and personal search memo were produced.
As per DDR No. 16 at about 1.15 p.m. on 20.12.2010, SI Duli Chand had left the police station. Photocopy of the complaint dated 15.12.2010 , shows that this application was marked to SHO, Police Station Hodal, for necessary action.
In connection with the investigation of this application by Smt. Chanda wife of Om Parkash, SI Duli Chand, had summoned both the parties to Police Post Mund Kati. In Police Post Mund Kati, detenu namely Om Chand became annoyed and threatened to eliminate the complainant party. To save the situation and to maintain law and order Om Chand was arrested under Sections 107/151 Cr.P.C. After arrest, personal search memo was prepared signed by Om Chand attested by the witnesses. Entry was made in the roznamcha of Police Post Mund Kati. Relevant entry is No.17 dated 20.12.2010 at 7.15 p.m. After arrest of Om Chand, SI Duli Chand came to Police Station Hodal and entry was made in the roznamcha. DDR No. 32 at 8.40 p.m. is the relevant entry.
As discussed earlier, after appointment of warrant officer vide order dated 20.12.2010, at about 1.50 a.m. raid was conducted. Om Chand was found in lock-up of Police Station Hodal, but Om Chand was not in the illegal custody of police because as per order of the SDO CRWP No. 2509 of 2010 -5- (Civil), SI Duli Chand had left the Police Station Hodal at 1.15 p.m. on 20.12.2010 and summoned the parties to Police Post Mund Kati, then Om Chand was taken into custody, while initiating security proceedings under Sections 107/151 Cr.P.C. Om Chand was arrested on 20.12.2010. Entry was made in the roznamcha at serial No. 17 dated 20.12.2010 at 7.15 p.m. There was no police lock up at Police Post Mund Kati then Om Chand was brought to Police Station Hodal. Entry was made in the roznamcha but name of Om Chand was not mentioned while recording the DDR. When Om Chand was arrested on 20.12.2010 at about 7.15 p.m. then no question of illegal detention. At the time of raid by the warrant officer, Om Chand was found in Police Station Hodal and was got released from the custody of police. With the release of Om Chand from the custody of police no further action is required.
For the reasons recorded above, instant petition stands disposed of.
February 17, 2011 ( JORA SINGH ) rishu JUDGE