Punjab-Haryana High Court
Lakhbir Singh Bhatti vs State Of Punjab on 3 August, 2011
Author: L. N. Mittal
Bench: L. N. Mittal
Criminal Writ Petition No.349 of 1994 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Writ Petition No.349 of 1994
Date of Decision : 3rd August, 2011
Lakhbir Singh Bhatti
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL.
Present: None.
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L.N.MITTAL, J. (ORAL)
Telegram sent by Sardar Lakhbir Singh Bhatti to Hon'ble the Chief justice of this Court has been registered as criminal writ petition No.349 of 1994 and listed on judicial side.
It is alleged in the telegram that petitioner's brother Sukhwinder Singh Bhatti, Advocate, Sangrur had been abducted by police from bus near village Badbar and there was apprehension of false encounter.
Telegram sent by Ram Sarup Singh, Advocate, President, Secretary, District Bar Association, Sangrur to Hon'ble the Chief Justice of this Court has been registered as criminal writ petition No.350 of 1994 and listed on judicial side.
It is alleged in the telegram that Sardar Sukhwinder Singh Bhatti, Advocate, Sangrur was abducted on 12.05.1994 at about 5pm from bus, while going to his native village Badbar. Immediate intervention was requested as there was great resentment in the Bar Association at Sangrur and among the people of the area. District Bar Criminal Writ Petition No.349 of 1994 -2- Association, Sangrur was also on strike.
Since both the aforesaid writ petitions pertain to alleged abduction/disappearance of Sardar Sukhwinder Singh Bhatti, Advocate, both these writ petitions i.e. Criminal Writ Petition No.349 of 1994 and Criminal Writ Petition No.350 of 1994 are being disposed by this common order.
Status report by way of affidavit of Senior Superintendent of Police, Sangrur and also status report by way of affidavit of Senior Superintendent of Police, Barnala have been filed by State of Punjab. According to these reports, FIR No.29 dated 15.05.1994 under Section 369 read with Section 34 of IPC and under Section 25 of the Arms Act was registered at Police Station Dhanaula, District Barnala regarding alleged abduction of Sukhwinder Singh Bhatti, Advocate.
It is also mentioned in the status reports that pursuant to order dated 17.06.1994 passed by this Court in criminal writ petition No.337 of 1994 filed by Mr. Daljeet Singh Rajput, Advocate in the same matter, Central Bureau of Investigation (CBI) registered FIR No.RC-2 (S)/95/SIU/XV/CHG dated 18.01.1995 under Sections 363 and 365 read with Section 34 IPC. After investigation, CBI submitted report in this Court on 03.03.1997 in the aforesaid writ petition indicating that all possible efforts were made to trace out Mr. Sukhwinder Singh Bhatti and to determine if Police officials or other persons were involved in the abduction, but no clue has emerged regarding his whereabouts. This Court vide order dated 08.07.1997 passed in criminal writ petition No.337 of 1994 accepted the said report made by CBI and, therefore, the said writ petition was ordered to be filed with option to the petitioner to Criminal Writ Petition No.349 of 1994 -3- get the same revived if he got some clue or evidence regarding whereabouts of Mr. Sukhwinder Singh Bhatti or regarding his murder.
Thereafter Daljeet Singh Rajput, Advocate also filed criminal miscellaneous No.18203-M of 1997, but the same was also disposed of by this Court vide order dated 24.09.1997.
Closure report submitted under Section 173 Code of Criminal Procedure by CBI in the aforesaid FIR was accepted by Special Judicial Magistrate (CBI), Punjab, Patiala vide order dated 19.08.1998.
In view of the aforesaid, there is no option but to order closure of these two writ petitions because inspite of best efforts by the Police as well as CBI, unfortunately it has not been possible to trace the whereabouts of Mr. Sukhwinder Singh Bhatti, Advocate. Accordingly both these writ petitions stand disposed of.
( L. N. MITTAL ) JUDGE 3rd August, 2011 'raj'