Criminal Writ Petition No.1290 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1290 of 2011 Date of Decision : 14th September, 2011 Sat Pal .... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Petitioner in person. Mr. Ranvir Singh Rawat, AAG, Punjab. * * * * L.N.MITTAL, J. (ORAL) Pursuant to order of the preceding date, Surinder Kumar Kalia, Senior Superintendent of Police, Pathankot and Naresh Kumar Dogra, Deputy Superintendent of Police (City) (supervisory officer of Police Division No.II, Pathankot) are present in person. Their affidavits filed today in Court are taken on record. It has been stated in the affidavits that necessary action for the non-compliance with order of this Court has been initiated against the guilty official. In view thereof, Mr. Surinder Kumar Kalia, SSP and Naresh Kumar Dogra, DSP are discharged. Application sent by post by Sat Pal to Hon'ble the Chief Justice of this Court has been registered as instant criminal writ petition and listed on judicial side. It is alleged in the application that on 08.05.2011 at about 12.30 hours, police officials of Police Station, Division No.II, Pathankot Criminal Writ Petition No.1290 of 2011 -2- took away petitioner's son Ashwani Kumar without any reason. In reply on behalf of State of Punjab, it has been stated that officials of Town Improvement Trust, Pathankot received information that petitioner Sat Pal and his sons were encroaching upon the land of the Trust on 10.05.2011 at about 7 o'clock. Officials of the Trust went to the spot for preventing the encroachment. FIR No.66 of 11.05.2011 under Sections 353, 186, 440 and 447 read with Section 34 IPC has been registered in Police Station, Division No.II, Pathankot at the instance of Satpal Singh, Assistant Engineer of the Trust and petitioner's son Ashwani Kumar surrendered in Court on 18.07.2011 in the said case and was sent to judicial custody. Averments made in the application that Ashwani Kumar was picked on 08.05.2011 have been denied in the reply. Petitioner states that his son Ashwani Kumr has since been released on bail in the aforesaid case. In view of the aforesaid, without going into disputed questions of fact, the instant writ petition is disposed of with liberty to the petitioner and the alleged detenue Ashwani Kumar to have resort to any proceedings in accordance with law regarding alleged illegal detention of Ashwani Kumar. ( L. N. MITTAL ) JUDGE 14th September, 2011 'raj'