Criminal Writ Petition No.915 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Writ Petition No. 915 of 2010 Date of Decision: 21.2.2011 Soni Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Mandeep Kumar Dhot, Advocate for the petitioner. Mr. B.S. Sra, Additional Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of Habeas Corpus be issued and respondents No.2 to 4 be directed to release Harjinder Singh son of Pala Singh, a minor, who is stated to be unlawfully detained by them at Police Station, Amargarh. In pursuance of the order dated 12.5.2010, passed by this Court, a Warrant Officer had visited the Police Station, Amargarh. He had searched the Police Station, Amargarh, along with the petitioner Soni Singh. He found the alleged detenue Harjinder Singh sleeping outside the lockup in verandah of Police Station Amargarh. After some time, Bhagwant Singh, Inspector/Incharge, Police Station, Amargarh, Criminal Writ Petition No.915 of 2010 2 arrived there and gave copies of different FIRs, which were lodged against father of the detenue and petitioner Soni Singh. Gurpreet Singh, Deputy Superintendent of Police, Sub Division, Amargarh, has filed a reply on behalf of respondents No.1 to 3, wherein it is stated that Pala Singh, father of the alleged detenue, is involved in various cases under the Narcotic Drugs & Psychotropic Substances Act, 1985. The State has further taken a stand that Bhagwant Singh, Station House Officer, Police Station, Amargarh, had gone out of Police Station and in his absence, at about 8.30 P.M., a lady and a child came there. They disclosed that they wanted to see the Station House Officer, whereupon Anwar Ali, Assistant Sub Inspector, told them that they would have to wait for him in the Public Waiting Room. The defence, taken by the police officials, is that they became busy in the respective proceedings and in the meanwhile the lady slipped away from the Police Station, without being noticed and the child remained therein. It is further stated that when the Warrant Officer arrived at the Police Station, then the child was found sleeping therein. Learned counsel for the petitioner has controverted the stand taken by the State and submitted that they have concocted a false version. He has further submitted that in fact the child was called into the Police Station and was detained unlawfully there. Considering the divergent stand, taken by the petitioner and the State, this Court is of the view that disputed questions of fact are involved in the present case, which cannot be determined by this Court, while exercising a writ jurisdiction. The parties, have to adduce evidence to prove their respective stands. In these circumstances, a writ Criminal Writ Petition No.915 of 2010 3 Court cannot come to the rescue of the petitioner. The petitioner, if so advised, may file a criminal complaint for wrongful confinement of Harjinder Singh son of Pala Singh and prosecute the erring police officials for detention with malicious intent or may seek monetary compensation by filing a suit or approaching the Punjab State Human Rights Commission. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 21, 2011 “DK”