Criminal Misc.No.M-11000 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.M-11000 of 2008 Date of Decision:-3.9.2009 Michael Chigi Okoh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE L.N.MITTAL Present: None for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab. L.N.Mittal, J. (Oral): Application given by undertrial accused Michael Chigi Okoh to Hon'ble Administrative Judge of this Court while visiting District Jail, Patiala has been registered as the instant Criminal Misc.Petition. It has been alleged by the petitioner that he was given beating by police officials after court hearing on 24.4.2008 while he was in custody. In reply filed by the Superintendent, Central Jail, Patiala, it was alleged that the petitioner is undertrial in a case under Sections 21, 23, 25, 28 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short “NDPS Act”). On 24.4.2008 the petitioner was produced in the court of learned Additional Sessions Judge (in short “ASJ”), Mohali as the case stood transferred there, whereas prior to it, the petitioner was being produced in the court of the learned ASJ Ropar. The petitioner on being produced at Mohali became aggressive and created scene. Application given on Criminal Misc.No.M-11000 of 2008 2 25.4.2008 by the petitioner alleging that he was beaten up by police party was sent to learned District & Sessions Judge, Patiala. On the other hand, police party lodged report in the Police Station Mattour on 24.4.2008 itself. The petitioner was got medico legally examined on 25.4.2008. Pursuant to order dated 26.2.2009 reply by way of affidavit of Senior Superintendent of Police, Mohali has also been filed. It has been stated therein that the petitioner wanted that he be produced in the Court at Ropar even after the case had been transferred to Mohali. Police escort of District Mohali tried to counsel the petitioner but in vain. Even Judge, Special Court, Mohali tried to make the petitioner understand but to no effect. The petitioner misbehaved with the police officials. He was insisting that he should be produced before Judge, Special Court, Ropar. After the petitioner was taken back to lock up in the Court complex at Mohali, he became furious and went berserk only for the reason that he was not produced at Ropar. The petitioner started shouting loudly and abused the police officials of escort party and created nuisance. The petitioner even put off his clothes completely and became nude. The petitioner also tried to come out of the lock up. The concerned police officials tried to control him and in the process, the petitioner struck against the gate of the lock up and sustained some minor injuries. With great difficulty, police officials made the petitioner to wear his clothes. Escort party made necessary report in the daily diary of the police station on the same day. After receiving notice of this Court, inquiry was got conducted and aforesaid version stated by the police Criminal Misc.No.M-11000 of 2008 3 party was found to be correct whereas the version stated by the petitioner was found to be not correct. From the replies filed by the Superintendent, Central Jail, Patiala as well as Senior Superintendent of Police, Mohali, it appears that the petitioner was agitated over transfer of his case from Ropar to Mohali. The petitioner's version has not been substantiated even in inquiry. In view of the aforesaid, no further action or order is required in the instant petition. This petition is, accordingly, dismissed. (L.N.Mittal) 3.9.2009 Judge AS