Crl. Writ Petition No. 562 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 562 of 2011 Date of Decision: March 28, 2011 Premo ..... Petitioner. Versus State of Punjab and others. .....Respondents. CORAM: HON'BLE MR. JUSTICE JORA SINGH Present: Mr. Hitesh Pandit, Advocate for the petitioner. Mr. P.S. Sidhu, Addl. AG, Punjab for respondent-State ***** JORA SINGH, J (ORAL) The present petition has been filed under Article 226 of the Constitution of India, for issuance of writ in the nature of Habeas Corpus for the release of detenu namely Sonu (son of the petitioner) alongwith other 6 co-workers, whose names find mentioned in para 6 of the petition from the illegal custody of respondents No.3 and 4. Learned State counsel has filed short affidavit of Harkamal Preet Singh Khakh, Deputy Superintendent of Police Detective Jalandhar Rural, Jalandhar as well as reply to the affidavit of petitioner dated 22.03.2011 by way of affidavit of Priyank Bharti, District Magistrate, Jalandhar. The same are taken on record. Vide order dated 04.03.2011, District Magistrate, Jalandhar was directed to visit the premises of respondents No.3 and 4 or depute the concerned SDM or Tehsildar to visit the premises of respondents No.3 and 4 and submit report as to whether any of alleged detenues mentioned in para No.6 of the petition are in illegal custody of respondents No.3 and 4. In case the detenu namely Sonu alongwith 4 other co-workers as mentioned in para No.6 of the petitioner are found to be in illegal custody of respondents No.3 and 4 then they be got released from their custody. Crl. Writ Petition No. 562 of 2011 - 2 - According to reply filed by District Magistrate, Jalandhar son of the petitioner and persons mentioned in Para No.6 of the petition were not found working at the brick kiln. It has also been mentioned in the reply that Shama, Sansar and Lukason are involved in case bearing FIR No. 40 dated 23.02.2011 under Sections 457, 380 IPC registered at P.S. Adampur, Jalandhar. On 22.03.2011, learned counsel for the petitioner had filed an affidavit wherein it has been stated that son of the petitioner and other persons were forcibly taken away by respondents No.3 and 4 i.e. SHO, Police Station Adampur and local MLA. According to reply filed by Harkamal Preet Singh Khakh, Deputy Superintendent of Police Detective Jalandhar Rural, Jalandhar, 5 accused namely Shiyam, Sansar, Luka and Parwana were arrested by the police on 24.02.2011 in case FIR No. 40, dated 23.02.2011 under Sections 457/380 IPC registered at Police Station Adampur. It has also been stated in the reply that son of the petitioner, Shila and Uplal were neither detained nor wanted in any case by the police of P.S. Adampur. In view of the reply filed by Harkamal Preet Singh Khakh, Deputy Superintendent of Police Detective Jalandhar Rural, Jalandhar and District Magistrate, Jalandhar, no further action is required to be taken at this stage. Hence the present petition has become infructuous and is dismissed accordingly. March 28, 2011 (JORA SINGH) sham JUDGE