Crl. W. P. No.876 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.876 of 2011 Date of Decision : 11.07.2011 Avtar Singh .... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the State. * * * * L. N. MITTAL, J. (ORAL) Application sent by Avtar Singh by post to Hon'ble the Chief Justice of this Court has been registered as instant Criminal Writ Petition. It has been alleged in the application that on 30.03.2011 at about 7.00am, Jagtar Singh, Sub-Inspector of CIA Staff Handiaiya, District Barnala along with two police officials came to the petitioner's house and took away petitioner's brother Jagtar Singh and since then, whereabouts of Jagtar Singh were not known. On notice to State, affidavit dated 27.04.2011 was filed in this Court on 28.04.2011 mentioning that alleged detenue Jagtar Singh was required in a case bearing FIR No.136 dated 10.11.2010 of Police Station, Dhanaula, but on raid, he was not found present and his whereabouts were not known to the Police. Learned State counsel submitted on 28.04.2011 that alleged detenue Jagtar Singh shall be produced in this Court on the next date of hearing. The case was accordingly adjourned to 10.05.2011 On 10.05.2011, it was stated on behalf of the State that Jagtar Singh alleged detenue was arrested in the above mentioned FIR on Crl. W. P. No.876 of 2011 -2- 09.05.2011 and stood remanded to judicial custody. Vide order dated 10.05.2011, Registrar (Vigilance) of this Court was directed to hold fact finding enquiry because it was suspected that Jagtar Singh was in unlawful custody since 30.03.2011 and his arrest has been shown on 09.05.2011. Pursuant to aforesaid order, enquiry report has been submitted by Joint Registrar-cum-OSD of this Court. In the enquiry, the petitioner Avtar Singh, his brother Jagtar Singh alleged detenue, mother Balbir Kaur and uncle Charan Singh were all examined as witnesses but they all stated that Jagtar Singh had not been picked up by the Police on 30.03.2011. On the contrary, according to their statements, when the Police came on 30.03.2011, Jagtar Singh was not present at the house and was out of station and was not taken away by the Police. In view of the aforesaid enquiry report and in view of arrest of the alleged detenue in the aforesaid FIR (who has since been discharged in the FIR as stated by State counsel), no further action is required in the instant criminal writ petition, which is accordingly disposed of. ( L. N. MITTAL ) JUDGE 11th July, 2011 'raj'