IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 2262 of 2010(O&M) Date of Decision: December 17, 2010. Gurmeet Singh ...... PETITIONER(s) Versus State of Haryana and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. G.S.Bhatia, Advocate for the petitioner. Mr. Amandeep Singh, A.A.G., Haryana. Mr. Inderjeet Singh Brar, Advocate for respondents No.5 to 7. Mr. Pardeep Singh Poonia, Advocate for respondent No.8. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for release of the detenues, namely, Chain Singh and Vijay Kumar. I have heard learned counsel for the parties and have gone through the whole record. CRWP No.2262 of 2010 On the request of learned counsel for the petitioner, while issuing notice of motion on 29.11.2010 the following order was passed by this Court:- “Heard. Contends that some civil dispute regarding partition of land was going on between petitioner and respondent nos.5 to 7 and however, the land including the double storeyed house on the said land was in possession of the petitioner. Further contends that employees of the petitioner, namely, Vijay Kumar and Jaswant Singh, Managers and Chain Singh, driver, had gone to the said land for the purpose of cultivation on 22.11.2010. Further contends that however, the petitioner reached there on 24.11.2010. There are further allegations that on 25.11.2010, when employees of petitioner were irrigating the land and doing some other work by employing some labourers, about 40-50 people came there armed with weapons at the instance of respondent nos.5 to 7 and had taken forcible possession. Further contends that petitioner and one of his employees, namely, Jaswant Singh, managed to escape from the site and however, Chain Singh and Vijay Kumar were illegally detained by the said persons after giving them beatings. Further contends that an application in this regard was also given to Station House Officer, Police Station Sadar, Pehowa, Annexure P2, however, no action has been taken by the police so far and that employees of the petitioner, namely, Chain Singh and Vijay Kumar have not been got released from the illegal custody. Notice of motion for 17.12.2010. In view of affidavit supporting averments of the petitioner, I deem it just and appropriate to order for appointment of Warrant Officer. Hence, Registry is directed that a Warrant Officer be appointed, who shall visit the place(s) as may be pointed out by the petitioner and locate the detenues, namely, Chain Singh and Vijay Kumar. If the Warrant Officer finds that 2 CRWP No.2262 of 2010 the detenus are in illegal confinement of respondent Nos.5 to 7 or any other persons, he shall get them released forthwith. Fee of Warrant Officer shall be fixed by the Registry to be paid by the petitioner. Warrant Officer shall submit his report on or before the next date of hearing.” Warrant officer visited the place(s) as pointed out by the petitioner pursuant to abovesaid order and submitted his report. Reply has also been filed by respondents No.1 to 4. It has been stated by learned counsel for the petitioner that both the detenues have since been released. However, it has also been stated by learned counsel for the petitioner that action is required to be taken against private respondents No.5 to 7 in view of the report of warrant officer. Hence, the present petition is disposed of as rendered infructuous as alleged detenues have admittedly been released. However, petitioner is at liberty to take any other remedy provided under the law. ( RAM CHAND GUPTA ) December 17, 2010. JUDGE 'om' 3