IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 239 of 2010 Date of Decision : February 18, 2010 Rajinder ....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) A telegram was received from the petitioner, wherein he alleged that his son Azad was picked up by CIA Staff, on 19.1.2010 and was being kept in illegal custody. The telegram was treated as a writ petition and notice was issued to the State of Haryana. On February 16, 2010, learned State counsel made a statement after obtaining instructions from ASI Mukesh Kumar, Police Station, Sector-18, Gurgaon that neither there was any FIR registered against Azad nor he had been kept in custody. As there were allegations in the telegram against CIA Staff, Gurgaon, the Court directed that the Incharge, CIA Staff, Gurgaon or Criminal Writ Petition No. 239 of 2010 -2- any concerned officer shall be present in person so as to inform the Court as to whether Azad had been detained or not. Pursuant thereto, Inspector Vijender Singh, Station House Officer, Police Station, Bilaspur, Gurgaon, has come present and submitted the status report by way of affidavit of Assistant Commissioner of Police, Pataudi, Gurgaon. It stands mentioned therein that SHO, Police Station, Bilaspur had received a secret information that Azad and one Yusuf were going towards Mewat in the Verna Car bearing No. DL-4CAJ-4053 on 24.1.2010, which had been stolen by them. Thereupon, both Azad and Yusuf were over powered and arrested and the above said car recovered from them at Pathredi, T-Point, Tauru Road. FIR No. 14 dated 24.1.2010, under Sections 379/411 IPC was registered against them at Police Station Bilaspur. Both Azad and Yusuf made a disclosure statement that they had also committed theft of a mobile from Jamal Pur Chowk. In that regard, FIR No. 216 of 2009, under Sections 457/380 IPC also stood registered against them at Police Station Bilaspur. Azad was produced in the Court of Illaqa Magistrate, Gurgaon, on 25.1.2010. On that day, he was taken on police remand for one day for 26.1.2010 in FIR No. 216 of 2009. On 26.1.2010, Azad was again produced in the Court of Judicial Magistrate Ist Class, Gurgaon, when he was ordered to be sent to judicial custody in both the aforementioned FIRs. It is also stated that Azad is involved in FIR No. 365 dated 9.12.2009, under Sections 302/307/353/427 IPC, Police Station, Sector-10, Gurgaon and Criminal Writ Petition No. 239 of 2010 -3- FIR No. 567 dated 9.12.2009, under Sections 307/332/353/34 IPC, Police Station, Civil Lines, Gurgaon. He was arrested by the Investigating Officers of the aforementioned FIRs on 26.1.2010 and 29.1.2010, respectively and at present he is in judicial custody at Bhondsi Jail, Gurgaon. In view of the fact that Azad is presently in judicial custody in various criminal cases, it cannot be said that he is being illegally detained. Therefore, the present petition has been rendered infructuous and is, accordingly, disposed of. ( T.P.S. MANN ) February 18, 2010 JUDGE ajay-1