CWP No. 13222 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13222 of 2008 Date of Decision:3.9.2008 Santra Devi ......Petitioner Versus State of Haryana and others .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Rajesh Gupta, Advocate, for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioner has sought compensation on account of death of her son allegedly on account of excesses during the policy custody. Earlier, the petitioner filed a petition bearing Crl. Misc. 38572-M of 2005, wherein this Court directed the Chief Judicial Magistrate, Jind, to enquire into the circumstances of the death of the deceased and submit the report. It is in pursuance of the said order of this Court, the Chief Judicial Magistrate, Jind, has given his report on 12.6.2007 finding that the deceased died a mysterious death and the circumstances point out towards the Police excesses committed upon the deceased during the custodial interrogation. It is on the basis of the said report, the petitioner has sought compensation from this Court by invoking the writ jurisdiction. Earlier, the petitioner has filed a writ petition No. 19536 of 2006, which was disposed of on 8.12.2006 relegating the petitioner to seek her remedy before the Civil Court. CWP No. 13222 of 2008 (2) Learned counsel for the petitioner has pointed out that after the report of the Chief Judicial Magistrate, this Court on 21.8.2008, has referred the investigation to the Central Bureau of Investigation. Having heard learned counsel for the petitioner, we are of the opinion that once the writ petition claiming compensation was disposed of with liberty to seek remedy from the Civil Court, the present writ petition is not maintainable. Learned counsel for the petitioner, therefore, wishes to withdraw the present writ petition with liberty to file an application in Crl. Misc. No. 38572-M of 2005 so as to seek compensation on account of the findings of the Chief Judicial Magistrate in terms of the orders passed by this Court in the said case. In view of the above, we dismiss the present writ petition as withdrawn with liberty to the petitioner to seek his remedy in accordance with law. (HEMANT GUPTA) JUDGE (KANWALJIT SINGH AHLUWALIA) JUDGE 03-09-2008 dk/ds