Criminal Writ Petition No. 1676 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No. 1676 of 2011 Date of Decision: 28.11.2011 Gurnek Singh ... Petitioner Versus State of Punjab and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S. Ghuman, Advocate for the petitioner. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab, for respondent No.1. Mr. R.S. Cheema, Senior Advocate with Mr. Rajdeep Singh Cheema, Advocate for respondents No.2 to 5. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Habeas Corpus directing the officials of the Punjab Public School, Nabha, District Patiala, to release Sukhwinder Singh, son of the petitioner, who is a student therein, from unlawful custody. Learned counsel for the petitioner, during the course of arguments, has submitted that as on today, Sukhwinder Singh is not in unlawful custody and is attending the school, therefore, the prayer made Criminal Writ Petition No. 1676 of 2011 2 in the writ petition has been rendered infructuous. Mr. R.S. Cheema, Senior Advocate, assisted by Mr. Rajdeep Singh Cheema, Advocate, appearing for respondents No.2 to 5, has submitted that in the present case all kinds of irresponsible allegations have been levelled to tarnish the image and reputation of the teachers and even the allegation of molestation of wife of the petitioner has been levelled against them, which is unfounded. This Court will not determine the disputed questions of fact especially when learned counsel for the petitioner has submitted that the present writ petition has been rendered infructuous. At this stage, Mr. Ghuman has submitted that the petitioner is unable to withdraw the allegations and the averments made in the present writ petition. That being so, this Court shall refrain itself to comment upon the allegations levelled in the present writ petition as the same are disputed questions of law. The parties are at liberty to take recourse to the lawful remedies available to them. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 28, 2011 “DK”