Crl. Writ Petition No. 1867 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 1867 of 2010 Date of Decision : April 06, 2011 Ranjit Singh son of Santokh Singh .... PETITIONER Vs. State of Punjab and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Parminder Singh, Advocate, for the petitioner. Mr. B.S.Sra, Addl. A. G. Punjab. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) This petition was filed alleging that Balwinder Singh son of Darbara Singh was detained in the illegal custody by the Station House Officer, Police Station City South, Moga with a prayer for appointment of a Warrant Officer and if so found, the alleged detenue be released forthwith. This Court, vide order dated 11.10.2010, appointed a Warrant Officer to search for the detenue. The Warrant Officer submitted his report to the Court. The relevant para of the report reads as follows:- “ I along with petitioner inquired the alleged detenue, namely, Balwinder Singh @ Bindi from the official and Incharge of the Police Station. They told us that there is no Crl. Writ Petition No. 1867 of 2010 2 such person namely Sh. Balwinder Singh @ Bindi detained in the police station nor any D.D.R. or F.I.R./case was registered against the above named person, thereafter I along with petitioner Ranjit Singh s/o Santokh Singh personally gave many calls in the name of Balwinder Singh @ Bindi but Balwinder Singh & Bindi is not found at that time in the Police Station. I also said to Sh. Ranjit Singh to call Sh. Balwinder Singh @ Bindi, he also gave so many calls of the name of Sh. Balwinder Singh @ Bindi but at that time Balwinder @ Bindi was not in Police Station. Sh. Ranjit Singh shown me a Motorcycle No. PB29H 4167 in Police Station compound and told me that this motorcycle belongs to Sh. Balwinder Singh @ Bindi. After four minutes, Sh. Balwinder Singh came in Police Station and said to me that Sub-Inspector brought me on 08/10/2010 and blocked in this Police Station. Today when you came in Police Station, the officials of this Police Station throw me from the Police Station.” In the light of the report submitted by the Warrant Officer, this Court, vide order dated 15.11.2010, directed the Chief Judicial Magistrate, Moga to hold a fact finding enquiry with regard to the truthfulness/validity or otherwise of the contents of the writ petition and the reply which was filed on behalf of the respondents, after recording the evidence of both the parties. Report of the Chief Judicial Magistrate, Moga has been received, according to which, there is no truthfulness in the contents of the criminal writ petition filed by the petitioner. Crl. Writ Petition No. 1867 of 2010 3 In view of the report of the Chief Judicial Magistrate, Moga, no further action is called for. The petition stands dismissed. (AUGUSTINE GEORGE MASIH ) April 06, 2011 JUDGE pj