Crl.Writ Petition No.1063 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.W.P.No.1063 of 2009 Date of decision: 13.11.2009 Parwinder Singh ... Petitioner versus State of Punjab and others ... Respondents CORAM:HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Rajesh Bhatheja, Advocate, for the petitioner. Mr.P.S.Sidhu, Addl.AG, Punjab. Mr.K.S.Chahal, Advocate, for respondent No.4. ... JORA SINGH, J. Crl.Misc.No.613 of 2009 Heard. Allowed. Annexures P-1 and P-2 are taken on record. Crl.W.P.No.1063 of 2009 Parwinder Singh filed this petition against the State including Satnam Singh, SHO, CIA Staff, Moga. Allegation of the petitioner is that he along with his brother Ranjit Pal Singh @ Pappy is running a medical store under the name and style of M/s Lovely Medical Hall, Barnala Road, VPO Butter Kalan, District Moga. On 21.9.2009 at about 10.00 AM, Ranjit Pal Singh was present at his medical shop. SHO Satnam Singh along with officials came to the above said medical store and started demanding Rs.50,000/- from Ranjit Pal Singh, failing which threatened to implicate him in a criminal case. Ranjit Pal Singh has shown his inability to pay Rs.50,000/-, then Satnam Singh, Crl.Writ Petition No.1063 of 2009 2 SHO, CIA Staff, gave beatings to him. He was brought to Police Station CIA Staff, Moga. At 2.00 PM, Satnam Singh along with 5-6 police officials had raided the house of the petitioner, i.e., H.No.813, Nanak Nagri, Moga. Lajpal Singh, brother of the petitioner, was picked up from his house without disclosing any reason and in CIA Staff, Moga, Satnam Singh gave beatings to Lajpal Singh. Apaar Singh, brother of Lajpal Singh and Ranjit Pal Singh, when came to know about their illegal detention, then he (Apaar Singh) along with 3-4 other respectables had approached Satnam Singh and requested him to release Lajpal Singh and Ranjit Pal Singh, but they were not released. Apaar Singh was also illegally detained by SHO Satnam Singh. Parwinder Singh filed the present petition for the release of Ranjit Pal Singh, Lajpal Singh and Apaar Singh. Vide order dated 22.9.2009, Registry was directed to appoint a Warrant Officer for the release of the detenues. Warrant Officer submitted his report to the effect that firstly, Police Station City-I, Moga, was raided. Malkiat Singh, AMHC, was found in his room. Near the lock up of the police station, one person was found sitting, who on enquiry disclosed his name as Apaar Singh @ Bittu. On further enquiry, he reported that last night he was left there by Inspector Satnam Singh of CIA Staff on the assurance to release him in the morning after settlement with his family. Earlier to that, Inspector Satnam Singh kept him shifting from one place to another. Both legs of Apaar Singh were found badly swollen. He was moving with great difficulty. Apaar Singh Crl.Writ Petition No.1063 of 2009 3 replied that all this was done by Inspector Satnam Singh of CIA Staff. AMHC Malkiat Singh stated that Apaar Singh came to him some time ago and enquired about the Wireless Operator, but on enquiry how Apaar Singh had entered the Police Station where `no admission' board has been put, AMHC Maliat Singh told that Apaar Singh was not detained in the police station, nor he is wanted in any case. No Wireless Operator was produced to make enquiry how Apaar Singh had visited the police station to meet him. Apaar Singh was found to be in illegal detention of the police and was got released from the illegal detention. After that, Warrant Officer had gone to the CIA Staff, Moga. Main gate was found to be bolted from inside. Gate was got opened and the official present near the gate made a call to some one and told that he has also come here. On checking, no person was found in the CIA Staff, Moga. As per report, condition of Ranjit Pal Singh was worst than Apaar Singh. In view of the report of Warrant Officer, I am of the opinion that allegation of the petitioner seems to be reasonable one. In case, no case was registered against Apaar Singh, Ranjit Pal Singh and Lajpal Singh, then question is for what purpose, Apaar Singh had gone to Police Station City-I, Moga. CJM, Moga, is directed to hold an enquiry qua illegal detention of Apaar Singh after issuance of notice to both the parties. Enquiry is to be completed within six months. After receipt of enquiry report, further action is to be taken. Petition is disposed of accordingly. 13.11.2009 ( JORA SINGH ) pk JUDGE