IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No.2576 of 2011 Date of decision: November 30 , 2011. Naresh Pal ... Petitioner(s) v. State of Haryana & others ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Madan Pal, Advocate, for the petitioner. Shri Anupam Sharma, Assistant Advocate General, Haryana, for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): Present writ petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus for the release of Rohit @ Jani, son of Shish Pal, who is stated to have been unlawfully detained by respondent No.3, be issued. This Court, on 22.11.2011, had accepted the request of the petitioner and appointed a Warrant Officer. The Warrant Officer had visited CIA Staff-II, Karnal along with the petitioner. However, the detenue was not found there. Today, Shri Anupam Sharma, Assistant Advocate General, Haryana, on instructions from ASI Ranbir Singh, has made a statement that the alleged detenue has been arrested in a case of dacoity and is at present confined in District Jail, Kurukshetra after judicial remand was granted by the Court of competent jurisdiction. Crl. WP No.2576 of 2011 -2- Shri Madan Pal, counsel appearing for the petitioner, has stated that Rohit @ Jani s/o Shish Pal was taken away by the police on 15.11.2011 and his arrest has been shown later on in FIR No.24 dated 24.11.2011, registered at Police Station Kurukshetra University, Kurukshetra, under Sections 25/54/59 of the Arms Act. Counsel for the petitioner has disputed the date of arrest. It is stated that Rohit @ Jani was with the respondents and later on he has been falsely implicated in a case under the Arms Act. Be that as it may, date of arrest is a disputed question of fact. The petitioner, if so advised, during the course of trial, may cross examine the prosecution witnesses or may lead defence evidence to prove that as to when the alleged detenue was in the police custody and when his arrest has been shown. With the above observations and liberty, the present petition is disposed of. [Kanwaljit Singh Ahluwalia] November 30 , 2011. Judge kadyan