IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.240 of 2010 Date of Decision : February 25, 2010 Somi Devi. ....Petitioner Versus State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present: None for the petitioner. Ms. Shalini Attri, Deputy Advocate General, Haryana T.P.S. MANN, J. (Oral) Pursuant to order dated February 22, 2010, Shri Vikas Arora, IPS, Superintendent of Police, Yamunanagar has come present in person. He has also produced his short reply by way of affidavit to the petition. The same is taken on record. According to the petitioner, her son Dharamvir @ Sonu and her son-in-law Dimple @ Yunus were picked up by the police of Police Station Chhachhrauli on 22.1.2010 whereas her sister's son-in-law Tejvir son of Dayal Chand was picked up on 28.1.2010 and were being kept in illegal custody despite the fact that no case stood registered against them. Crl. Writ Petition No.240 of 2010 -2- In his short reply by way of affidavit, Shri Vikas Arora, IPS, Superintendent of Police, Yamunanagar, has stated that Dharamvir @ Sonu @ Soni son of Madan Lal, resident of near Durga Gas Agency, Chhachhrauli, District Yamunanagar, is one of the accused and wanted in case FIR No. 9 dated 19.1.2010 registered at Police Station, Chhachhrauli, under Sections 148/149/341/307/506/302/120-B/420/ 465/468/471 IPC and Section 25 of the Arms Act. His non bailable warrants have been issued by the Court of Judicial Magistrate Ist Class, Yamunanagar at Jagadhri on 23.2.2010 for 16.3.2010. Till date, Dharamvir @ Sonu @ Soni could not be arrested despite best efforts made by the police. It has also been stated that the police has learnt about Dharamvir @ Sonu @ Soni having remained in Central Jail, Ambala from 25.1.2010 to 10.2.2010 in connection with FIR No. 272 dated 6.12.2003 under Section 61-1-14 of the Excise Act, Police Station Parao, District Ambala. Earlier, on 12.11.2008 he was declared a proclaimed offender in the said FIR. Upon his re-arrest on 25.1.2010, he was sentenced to pay a fine of Rs.8500/- by the Court of Shri Rajesh Sharma, HCS (Judicial), Special Railway Magistrate, Haryana, Ambala Cantt. and, accordingly, he remained in judicial custody at Central Jail, Ambala from 25.1.2010 to 10.2.2010. Regarding Dimple @ Yunus son of Nanha Ram, it has been stated that he is working as 'Beldar' in the office of Sub Divisional Officer, Provincial Sub Division, PWD (B&R), Branch Chhachhrauli Crl. Writ Petition No.240 of 2010 -3- and he remained on his duty from 21.1.2010 to 23.2.2010(morning). In this regard, Sub Divisional Engineer, Provincial Sub Division, PWD (B&R) has issued certificate dated 23.2.2010, photocopy of which has been attached with the reply as Annexure R-1. Similarly, Tejvir son of Dayal Chand, caste Balmiki, resident of Mata Colony, Gali No.1, Bilaspur, District Yamunanagar has himself tendered his affidavit dated 23.2.2010 to the effect that on 19.1.2010 some unknown persons had committed murder of Karambir @ Kamma resident of Hareva in the area of Chhachhrauli and his relative Dharamvir @ Sonu @ Soni was also named, although not arrested so far in that case. Said Tejvir further stated in his affidavit that neither the police of Police Station, Chhachhrauli had illegally detained him nor any beatings given to him. Photocopy of the affidavit of Tejvir has been appended with the reply as Annexure R-2. One Jagmohan @ Jaggi, son of Shiv Lal, Ex-Sarpanch of village Chhachhrauli has also submitted his affidavit dated 23.2.2010 on the same and similar lines, as was stated in the certificate issued by the Sub Divisional Engineer and in the affidavit of Tejvir. In view of the above, no further directions are required to be issued in the present petition. The same is, accordingly, disposed of. ( T.P.S. MANN ) February 25, 2010 JUDGE ajay-1