IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 268 of 2007 Date of decision: 9th January, 2009 Jai Bhagwan … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. N.L. Sammi, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. Jitender Nara, Advocate for respondents No.2 to 4. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition in nature of habeas corpus was filed for release of detenue Satpal. It was further stated that Satpal was given beating and was admitted in PGI Rohtak from 09.02.2007 to 20.02.2007. During pendency of writ petition, it surfaced that Satpal died due to cardiac arrest and also due to septicemia. Coordinate Bench on November 20, 2008 ordered that opinion of Doctor be obtained. Dr. S.S. Lohchab, Senior Professor and Head, Department of Cardiac Surgery, Pt. B.D. Sharma PGIMS, Rohtak has filed an affidavit, in which it has been stated as under: “Patient Satpal Singh 25 yrs. M was suffering from Rheumatic Valvular Heart Disease leading to severe leakage in Mitral Valve which is a chronic disease. Rheumatic Heart Disease is caused by throat infection by bacteria during childhood and the heart is affected after usually 10 to 15 years after the throat infection. This patient presented in the advanced stage of the disease when he was admitted on Criminal Writ Petition No.268 of 2007 13.3.07. During the course in the hospital he was also found to have the infective endocarditis a serious complication of this disease and developed further complication i.e. septicemia. The cause of the death in this patient is Rheumatic Valvular Heart Disease, infective endocarditis and septicemia were secondary complications leading to the terminal event.” In view of the affidavit filed by Senior Professor and Head, Department of Cardiac Surgery, Pt. B.D. Sharma PGIMS, Rohtak, counsel for the petitioner states that present petition may be dismissed as withdrawn, with liberty to the petitioner to take recourse to the alternative remedy available to him under law. As prayed, present writ petition is dismissed as withdrawn with the liberty aforesaid. (Kanwaljit Singh Ahluwalia) Judge January 9, 2009 rps 2