Crl. Writ Petition No. 1520 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Writ Petition No. 1520 of 2010 Date of Decision : April 06, 2011 Amarjit Singh son of Sukhdev Singh .... PETITIONER Vs. State of Punjab and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. K.S.Sidhu, Advocate, for the petitioner. Mr. B.S.Sra, Addl. A. G. Punjab. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition was filed alleging therein that Samardeep Singh son of Bikkar Singh, Bikkar Singh son of Uday Singh and Sardul Singh whose father's name was not known, are in illegal custody of respondent No. 4 and, therefore, a writ of Habeas Corpus be issued for production of the alleged detenues. This Court vide order dated 14.08.2010 appointed a Warrant Officer who was directed to visit the Police Station, Rama Mandi and any other place(s) to be pointed out by the petitioner. The Warrant Officer was also directed to get released the alleged detenues if found in the illegal Crl. Writ Petition No. 1520 of 2010 2 custody. In compliance with the orders passed by this Court, the Warrant Officer had raided the Police Station on 15.08.2010. The relevant para of the report dated 27.08.2010 submitted by the Warrant Officer reads as follows:- “ On 14.08.2010, along with Sh. Amarjit Singh-petitioner left Chandigarh at 6.30 P.M. by car arranged by the petitioner. As desired by the petitioner, I raided Police Station Rama Mandi (Bathinda) at about 9:00 A.M. on 15.08.2010 where MHC Parbat Singh No. 1570 was found present, to whom I disclosed my identity and apprised him about the purpose of my visit. Thereafter, I recorded entry in the Roznamcha Register (Annexure-A). Then I checked lock-up where nobody was found detained at that time. But alleged detenues namely Samardeep Singh and Bikkar Singh were found standing in the varandha of the premises of the said Police Station. On my specific query regarding the presence of detenues, MHC Parbat Singh replied that they have entered the premises of Police Station only 10-15 minutes back and they are not required in any case. I have also an occasion to talk to the detenues. They disclosed that they have been detained here since yesterday by respondent No. 4.” The above claim as made by the alleged detenues Samardeep Singh and Bikkar Singh is disputed by the respondents. In this view of the matter and in the light of the fact that two detenues, namely, Samardeep Singh and Bikkar Singh have been released, the present petition qua them has been rendered infructuous. Counsel for the petitioner does not press the petition with Crl. Writ Petition No. 1520 of 2010 3 regard to Sardul Singh. In view of the fact that two detenues out of three detenues have since been released rendering the writ petition infructuous. As it is not clear from the report as to whether the two detenues were, as a matter of fact, in illegal custody of respondent No. 4, as alleged or not, the present petition is disposed of with liberty to the petitioner to take recourse to any other remedy in accordance with law, if so advised. (AUGUSTINE GEORGE MASIH ) April 06, 2011 JUDGE pj