Crl. Writ Petition No.2005 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Writ Petition No.2005 of 2010 Date of Decision:-16.11.2010 Sahib Piayara. ......Petitioner. Versus State of Punjab etc. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Ashish Gupta, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J (ORAL) Petition had filed this petition under Article 226 of the Constitution of India for issuance of writ in the nature of Habeas Corpus for release of his brother Soami Dayal @ Shanti(detenue) from the illegal custody of respondents no.2 & 3 i.e. SHO Police Station Tripuri, Patiala and ASI Kewal Sigh posted in that police station. It was alleged that the detenue had been picked up from his house on 28.10.2010 without there being any FIR lodged against him. This court vide order dated 01.11.2010 had appointed a warrant officer to visit the police station and submit a report regarding Crl. Writ Petition No.2005 of 2010 # 2# the status of the alleged detenue. In compliance of the orders Mr. Saranjit Singh, Warrant Officer has submitted his report dated 11.11.2010. It has been stated in the report that after raiding the places in question it was found that the detenue was not in illegal custody of the police as he had been arrested in case FIR No.390 dated 1.11.2010 under Sections 379 and 473 of Indian Penal Code Police Station Tripri, Patiala from the area of By- Pass Sirhind at 4.30 PM and was lodged in police lock up vide DDR entry no.40 dated 1.11.2010. Two separate replies by way of affidavits have been filed on behalf of respondents no.1 & 2 as well as respondent no.3. In the replies filed by respondents-police officials it was denied that the alleged detenue was picked up from his house on 28.10.2010. Reply further is on the lines of the report submitted by the warrant officer. Keeping in view the report of the warrant officer as well as the replies filed on behalf of respondents no.1 & 2 as well as respondent no.3 no further orders are required to be passed in this case. Dismissed. ( JASWANT SINGH ) JUDGE 16th November, 2010 Vinay