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Punjab-Haryana High Court

Dhanna Singh And Another vs State Of Punjab And Another on 24 April, 2009

Author: Kanwaljit Singh Ahluwalia

Bench: Kanwaljit Singh Ahluwalia

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                 Criminal Writ Petition No. 460 of 2009
                      Date of decision: 24th April, 2009

Dhanna Singh and another

                                                               ... Petitioners

                                   Versus

State of Punjab and another
                                                             ... Respondents



CORAM:      HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:    Mr. R.K. Gupta, Advocate for the petitioners.
            Mr. Mehardeep Singh, Assistant Advocate General Punjab for
            the State.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present criminal writ petition was filed by the petitioner for release of Jeeto @ Jeet Kaur wife of Kaka Singh.

In the present writ petition for habeas corpus, notice of motion was issued and Warrant Officer was appointed. Warrant Officer, acting as a limb of this Court, had gone to the Police Station on 10th April, 2009 at 9.05 p.m. MHC refused to hand over the Daily Diary Register (roznamcha). Meanwhile, the SHO arrived and he stated that Daily Diary Register (roznamcha) be given. Apparently, as submitted by the counsel for the petitioners, delay was caused. Meanwhile, petitioner found Jeeto @ Jeet Kaur detained in the Police Station. At that time, as per Warrant Officer, the MHC was making entry of the arrest, in the adjoining room (MHC's room). This Court had taken a strong notice of the conduct of the MHC and the SHO.

Criminal Writ Petition No. 460 of 2009 2

The Inspector Gurmeet Singh, SHO is present in Court. Before this Court could proceed and formulate any opinion, he has tendered unconditional apology and has assured this Court that no such re- occurrence of lapse on his part will happen in future. He has stated that he is ready to compensate the petitioners.

Accordingly, cost of Rs.25,000/- is awarded in favour of the petitioners. Same shall be deposited in the Court of Judicial Magistrate, Jagraon. On deposit of the cost, same shall be disbursed to the detenue Jeeto @ Jeet Kaur.

With these observations, present criminal writ petition is disposed off.

[KANWALJIT SINGH AHLUWALIA] JUDGE April 24, 2009 rps