Criminal Writ Petition No.1373 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1373 of 2011 Date of Decision : 14th September, 2011 Balvir Singh .... Petitioner Versus State of Punjab & others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Sarabjit Singh, Advocate for the petitioner. * * * * L.N.MITTAL, J. (ORAL) Balvir Singh filed this habeas corpus writ petition alleging illegal detention of his brother Roop Singh, his brother-in-law Gurjant Singh and one Rana Singh at the brick kiln of respondent No.5. Warrant Officer was appointed to search the premises of the brick kiln in order to secure presence/release of the alleged detenues. Warrant Officer reported that Roop Singh and Gurjant Singh were sitting on cot and Rana Singh was cooking meals and there was nobody guarding them so as not to allow them to escape. Roop Singh and Gurjant Singh alleged that they had been made to sit in the brick kiln, but on specific enquiry by the Warrant officer that it was open space and no one was guarding them and they could go anywhere they liked, they kept mum. Rana Singh denied having been detained in the brick kiln and stated before the Warrant Officer that he was staying at the brick kiln of his own free will. He also stated that in the morning, he had gone to hospital for taking some medicine. Nothing unusual was noticed at the brick kiln from Criminal Writ Petition No.1373 of 2011 -2- which the allegations made in the writ petition could be substantiated, much less of illegal detention of the alleged detenues. On the other hand, it transpired that there was money dispute between petitioner and private respondents. In view of the aforesaid report of the Warrant Officer, show cause notice was issued to the petitioner for making false averments in the writ petition and for abusing the process of the Court. Affidavit of the petitioner and affidavits of the alleged detenues filed today in Court by counsel for the petitioner pursuant to the show cause notice are taken on record, subject to all just exceptions. I have heard learned counsel for the petitioner and perused the case file. In the affidavits of the alleged detenues, it has not been stated that they were illegally detained at the brick kiln by respondent No.5 or anybody else. On the other hand, from the report of the Warrant Officer, it is manifest that nobody was guarding the alleged detenues who were sitting at a place easily accessible to all and situated near link road. Alleged detenue Rana Singh stated that he was staying at the brick kiln of his own free will and was not detained. Even the other alleged detenues Roop Singh and Gurjant Singh could not reply as to why they could not escape when nobody was guarding them. On the other hand, it appears that there was money dispute of petitioner with the private respondents and to settle the same, the petitioner has filed the instant habeas corpus writ petition by making false averments. The petitioner has abused the process of Court. This tendency of abusing the process of the Court by filing habeas corpus petitions with oblique motive is Criminal Writ Petition No.1373 of 2011 -3- growing. This has to be curbed. Keeping in view the status of the petitioner and all the circumstances, I am of the considered opinion that instead of initiating proceedings for contempt of Court against the petitioner, the ends of justice would be met if the instant writ petition is dismissed with exemplary cost. Accordingly, the instant criminal writ petition is dismissed with cost of Rs.5,000/- to be deposited by the petitioner with the Registry of this court within one month from today, failing which the case shall be listed for this purpose. ( L. N. MITTAL ) JUDGE 14th September, 2011 'raj'