Criminal Writ Petition No. 2433 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No. 2433 of 2011 Date of Decision: 9.11.2011 Manjit Singh ... Petitioner Versus State of Punjab and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Abhinav Oberoi, Advocate for the petitioner. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab. Kanwaljit Singh Ahluwalia, J. (Oral) The present 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 and the respondents be directed to release Nishan Singh son of Sharam Singh, resident of Said Kheri, Tehsil Rajpura, District Patiala. A perusal of paragraph No.2 of the writ petition reveals that non bailable warrants of arrest were issued by the Court of Sh. N.Kano, Judicial Magistrate Ist Class, Dimapur, Nagaland, to effect arrest of Nishan Singh. On 8.11.2011, this Court, to verify as to whether Nishan Singh was produced before the concerned Area Judicial Magistrate or not, Criminal Writ Petition No. 2433 of 2011 2 had passed the following order:- “Before issuing notice, Registrar General is directed to obtain report from the concerned Area Judicial Magistrate whether in pursuance of non- bailable warrants issued by the Court of Shri N. Kano, JMIC, Dimapur, Nagaland, detenue Nishan Singh son of Sharam Singh has been produced in the Court of concerned Area Judicial Magistrate or not. Comments of concerned Area Judicial Magistrate to the averments made in paras 2 and 3 of the petition be obtained through FAX. Counsel for the State is also directed to ensure presence of officials from City Police, Rajpura to inform this Court as to whether alleged detenue has been unlawfully detained in the said police station or not. List for further hearing on 9.11.2011.” In response thereto, Sub Divisional Judicial Magistrate, Rajpura, has stated as under:- “...It is humbly submitted that the accused named in the writ petition was not produced in the Court on 7.11.2011. However, a person claiming himself to be police official from Nagaland appeared before me and stated that warrant of arrest of the accused have been issued by the Magisterial Court in Nagaland and further asked if any transitory remand was Criminal Writ Petition No. 2433 of 2011 3 required as the transitory remand has already been granted by the learned Judicial Magistrate Ist Class in Nagaland. However, neither Public Prosecutor nor any local Police Official was accompanying the person aforementioned. The official was advised to move appropriate application for transitory remand, if any, along with the accused. However, it is humbly submitted that thereafter neither any such application was moved nor accused was produced and as such there was no occasion to give any transitory remand by this Court...” Mr. S.S. Chandumajra, Deputy Advocate General, Punjab, on instructions from Sukhdev Singh, Sub Inspector, has submitted that in pursuance of the non bailable warrants of arrest, so issued, the police of Nagaland had arrested Nishan Singh and an entry to this effect has been made in the Daily Diary Register maintained at Police Station City, Rajpura. In view of the above, it cannot be said that detention of Nishan Singh is unlawful. Hence, no further directions, as prayed for, can be issued and the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 9, 2011 “DK”