Criminal Writ Petition No. 1553 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Writ Petition No. 1553 of 2010 Date of Decision: 15.2.2011 Dharambir …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ravinder Malik, Advocate Amicus Curiae. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) A telegram, received from Dharambir, by the Registry of this Court on 18.8.2010, has been treated as a writ petition, wherein it is stated that Sumesh, son of the petitioner, was lifted by Gurgaon Police on 16.8.2010 at about 12.00 Noon. He was unauthorizedly detained and given merciless beatings. Krishan Murari, Assistant Commissioner of Police, Sadar, Gurgaon, has filed a written statement by way of his affidavit wherein he stated that FIR No. 214 dated 28.5.2008 was registered at Police Station DLF, Sector 29, Gurgaon, under Section 379 IPC in connection with theft of a motorcycle pertaining to one Pardeep Kumar. A secret information was received that Sumesh, son of the petitioner and Raju Criminal Writ Petition No. 1553 of 2010 2 Rai alias Naag son of Bachhu Rai had snatched the motorcycle and they were roaming freely in Gurgaon. A police party overpowered the above said two persons and recovered the motorcycle and were arrested on 17.8.2010. It was stated that Sumesh is involved in seven cases of theft and loot. It is further stated that both the accused were produced in the Court of Additional Chief Judicial Magistrate, Gurgaon, on 18.8.2010. On 13.1.2011, this Court has passed the following order:- Learned counsel for the respondent submits that Sumesh Singh son of the petitioner was arrested in an FIR, registered against him. Lateron, he was produced before the concerned Judicial Magistrate, who remanded him to judicial custody. Learned counsel for the respondent further submits that the concerned officer has shown the arrest of Sumesh Singh after a considerable time and, therefore, a departmental enquiry has been initiated. The departmental enquiry be concluded within a period of one month from today and the report be submitted to this Court. List on 15.2.2011. A copy of this order, attested by the Special Secretary of this Court, be furnished to Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, for onward transmission and compliance. Criminal Writ Petition No. 1553 of 2010 3 In compliance with the order dated 13.1.2011, Rajesh Duggal, Assistant Commissioner of Police, Udyog, Gurgaon, has filed a reply by way of his affidavit. In the affidavit, it has been stated that a regular departmental enquiry was entrusted to the Assistant Commissioner of Police (Traffic), Gurgaon, who held Ajay Singh, Head Constable, responsible for not preparing arrest memos in respect of arrest of accused Sumesh and Raju Rai. The Enquiry Officer further concluded that the delinquent official was careless in not joining any public witness at the time of arrest of both the accused. This has been considered as a grave departmental misconduct. The Punishing Authority has concurred with the findings returned by the Enquiry Officer and a penalty of stoppage of two increments with cumulative effect has been imposed upon the delinquent official. For lapse on the part of the delinquent official, the department has already taken an action. What is the effect of date of arrest of the alleged detenue Sumesh, is a disputed question of fact which will be determined during the course of trial, pertaining to case FIR No. 214 dated 25.5.2008, registered at Police Station DLF Sector 29, Gurgaon, under Section 379 IPC. In the above said circumstances, no further directions are called for as alleged detenue is not in an unlawful custody, therefore, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 15, 2011 “DK”