Crl. W. P. No. 1721 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1721 of 2011 Date of Decision : September 22, 2011 Akhtar and another .... Petitioners Vs. State of Punjab and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. G. C. Shahpuri, Advocate for the petitioners. * * * L. N. MITTAL, J. (Oral) : Report of Warrant Officer has been received and perused. Heard. Petitioners filed this Habeas Corpus writ petition alleging illegal detention of Kadar (brother of petitioner no.1) and Mohd. Ahmed (son of petitioner no.2) by police of Police Station Kotwali, Bhatinda. The writ petition was filed on 05.09.2011. Vide order of even date, Warrant Officer was appointed to search the premises of aforesaid Police Station or any other place that may be pointed out by the petitioners, in order to secure presence/release of the alleged detenues. Accordingly, Warrant Officer Crl. W. P. No. 1721 of 2011 2 accompanied by the petitioner, reached the aforesaid Police Station and found both the alleged detenues in the lock-up room of Police Station. It was revealed by MHC Navdeep Singh that the alleged detenues were arrested at 10:35 A.M. on 03.09.2011 vide DDR No.13 dated 03.09.2011 in FIR No.184 dated 01.09.2011 under Section 381 of the Indian Penal Code and the alleged detenues stood remanded to police custody till 08.09.2011. Copies of FIR and DDRs have also been annexed with the report depicting that both the alleged detenues were named as accused in the aforesaid FIR regarding theft of Rs.8,44,750/-. Perusal of DDRs also reveals that both the alleged detenues were arrested on 03.09.2011 as per DDR recorded at 10:35 A.M. and they were also produced before Illaqa Magistrate on 04.09.2011 and were taken back to the Police Station vide DDR No.20 at 04:00 P.M. From the report of Warrant Officer and annexed documents, it is manifest that the petitioners filed the instant Habeas Corpus writ petition by concealing the material facts that the alleged detenues had been arrested in a case on 03.09.2011 and had even been produced before the Illaqa Magistrate on 04.09.2011 i.e. before the filing of the instant writ petition on 05.09.2011. The petitioners, thus, wrongly invoked the jurisdiction of this Court and obtained order of appointment of Warrant Officer, although the alleged detenues were not in illegal detention, but had been arrested in a case and had been remanded to police custody by Magistrate. Consequently, petitioners have to be subjected to cost. Crl. W. P. No. 1721 of 2011 3 In view of the aforesaid, the instant Habeas Corpus writ petition is dismissed, with cost of Rs.5,000/-, to be deposited by the petitioners with the Registry of this Court within one month from today, failing which the case shall be listed for this purpose. September 22, 2011 ( L. N. MITTAL ) monika JUDGE