Criminal Writ Petition No. 2306 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No. 2306 of 2011 Date of Decision: 18.11.2011 Devinder Kaur ... Petitioner Versus State of Punjab and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None for the petitioner. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab, for respondents No.1 to 4. Mr. B.S. Thind, Advocate for respondent No.5. Kanwaljit Singh Ahluwalia, J. (Oral) On 14.11.2011, this Court had passed the following order:- “...Present criminal writ petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued for release of Kulwinder Singh aged about 28 years, brother of the petitioner, who allegedly was kidnapped by respondent No.5 and is stated to be in his unlawful custody. This Court on October 28, 2011 had accepted the prayer of the petitioner and had Criminal Writ Petition No. 2306 of 2011 2 appointed a Warrant Officer. The Warrant Officer has submitted his report dated 29th October, 2011 and has stated that Kulwinder Singh, alleged detenue, was not found in the custody of police. The Warrant Officer has also attached statement (Annexure B) of the petitioner, wherein petitioner has stated that her brother Kulwinder Singh was not found at the Police Station and she is not aware in which other Police Station Kulwinder Singh is confined. Case has been called twice, but nobody has caused appearance on behalf of the petitioner. Counsel for the State, on instructions from ASI Gurdev Singh has stated that Kulwinder Singh at present is residing at his house and he will produce him in this Court on the next date of hearing. Since counsel for the petitioner is not present, nobody is available to controvert the statement made by counsel for the State. Hence, a notice be circulated in the daily cause list that Mr.Sunil Kumar Sharma, Advocate shall remain present in this Court on the next date of hearing to argue the matter. List on 18th November, 2011.” Criminal Writ Petition No. 2306 of 2011 3 Today, Mr. Chandumajra, on instructions from Kamal Singh, Station House Officer, Police Station Mahalpur, has submitted that Kulwinder Singh was present at his residence and on seeing the police party, he ran away and parwana to this effect was noted by petitioner- Devinder Kaur. The name of learned counsel for the petitioner was circulated in the daily cause list but nobody has caused appearance on his behalf. Furthermore, as per the submissions made by learned counsel for the State, Devinder Kaur was made aware about the listing of this case. Today, inspite of that the petitioner has not caused appearance. Hence, the present writ petition is dismissed in default. (Kanwaljit Singh Ahluwalia) Judge November 18, 2011 “DK”