IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.948 of 2010 Date of Decision : July 28, 2010 Surinder Kaur ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. D.S. Kamra, Advocate Mr. P.S. Sidhu, Additional Advocate General, Punjab. T.P.S. MANN, J. (Oral) A written complaint sent by Surinder Kaur-petitioner by post was received in the Chief Justice's Secretariat on 14.5.2010. It was alleged therein that some unknown police officials came to her house and forcibly kidnapped her husband-Ajit Singh. She apprehended danger to the life of her husband. She requested for taking immediate action for tracing out her husband and for proceeding against the police officials. In view of the allegations in the letter sent by the petitioner, it was treated as habeas corpus petition. The petition came up for preliminary hearing on May 17, 2010 when notice of motion was issued and Senior Superintendent of Police, Ludhiana was directed to hold an enquiry and to submit his report. On 25.5.2010, the petitioner filed an application through her counsel Mr. D.S. Kamra, Advocate for placing on record her affidavit. Said application Criminal Writ Petition No.948 of 2010 -2- was allowed and the affidavit of the petitioner was taken on record. On 25.5.2010 itself, learned counsel for the petitioner stated that Ajit Singh, husband of the petitioner, was no more in illegal detention as after being illegally detained by the police for 12 days, he already stood released therefrom. However, learned State counsel submitted that Ajit Singh was summoned by the police on 7.5.2010 so as to find out the whereabouts of his son Harvinder Singh, who was one of the accused in FIR No.157 dated 16.9.2009 registered at Police Station, Sarabha Nagar, Ludhiana for offences under Sections 420/467/468/471/506/120-B IPC and after having been questioned, Ajit Singh was allowed to go on the same day. On the last date of hearing, the Court noticed that though Senior Superintendent of Police, Ludhiana had been directed to hold an enquiry and submit his report yet neither any enquiry had been conducted nor report submitted. Learned State counsel prayed for an adjournment so as to find out as to whether any enquiry had been conducted by Deputy Commissioner of Police or not. He assured the Court that in the event of an enquiry having been conducted, he would file the report. Short affidavit of Shri Promod Ban, IPS, Deputy Commissioner of Police, Ludhiana has been placed on the file. In para 3 of the same, it has been stated that to comply with the directions issued by this Court, he conducted an enquiry in which he found that Harvinder Singh son of Ajit Singh was wanted as an accused in case FIR No.157 Criminal Writ Petition No.948 of 2010 -3- dated 16.9.2009 under Sections 420/467/468/471/506/120-B IPC registered at Police Station, Sarabha Nagar, Ludhiana. As he was evading his arrest, PO proceedings were initiated against him which were pending in the Court of Ilaqa Magistrate, Ludhiana. Ajit Singh, husband of the petitioner, was not wanted as an accused in the aforementioned FIR. However, Ajit Singh was called on 7.5.2010 by the Investigating Officer just to enquire regarding the whereabouts of his son Harvinder Singh and on the same day he was let off by the Investigating Officer and zimni No.30 dated 7.5.2010 was recorded by the Investigating Officer in the case diary. I have perused case diary No.30 dated 7.5.2010. The entry made therein is in consonance with the report of Deputy Commissioner of Police, Ludhiana. In view of the above, no further action is required to be taken. The petition is, therefore, disposed of. However, the petitioner shall be at liberty to avail of any other remedy available to her but in accordance with law, if so advised. ( T.P.S.MANN ) July 28, 2010 JUDGE satish