Criminal Writ Petition No. 1728 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 1728 of 2009 Date of decision : 29.11.2010 Inderjit Kaur ....Petitioner V/s Nirmal Singh and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ajay Paul, Advocate for Mr. G.S. Kaur, Advocate for the petitioner. Mr. Sandeep Arora, Advocate for respondent No. 1. Ms. R.K. Nihalsinghwala, Addl. Advocate General Punjab. RAJAN GUPTA J. (ORAL) This is a petition under Article 226 of the Constitution of India wherein a prayer was made for appointment of warrant officer to raid the places pointed out by the petitioner and to recover the detenue. On 23.12.2009, a warrant officer was appointed to search the whereabouts of the detenue. A report was later submitted by warrant officer pointing out that detenue was found in the lock up. However, he was found to be in detention pursuant to complaint received against him. In view of the report submitted by warrant officer, an inquiry was directed to be conducted by Chief Judicial Magistrate, Jalandhar vide order dated 26.04.2010 to inquire into the incident. Pursant to same inquiry report dated 01.07.2010 has been received. The Chief Judicial Magistrate, Jalandhar conducted a detailed inquiry and examined number of witnesses. By a detailed fact finding inquiry he came to the following conclusions:- Criminal Writ Petition No. 1728 of 2009 2 “So it can be concluded that Rajbir Singh, husband of petitioner was not in illegal custody since long time. Rather he was arrested in the case upon complaint moved by Jai Singh and Gurpreet Singh, upon which ruqa was sent for registration of case. It is a fact that formal DDR and FIR was not made by the concerned Police official as Computer Operator was not available at that time. This was not in the knowledge of SI Bhupinder Singh, the Investigating officer, who arrested Rajbir Singh that FIR has not been recorded. He has simply presumed it that FIR has been registered as he has sent application along with ruqa for registration of the case. So, in my considered view the custody of detenue Rajbir Singh was not illegal. Rather he was wanted in a case under Sections 420/406 IPC. As per common practice he was arrested when police party conducted raid after ruqa was sent to the Police Station for registration of the case. It is only communication gap that formal DDR and FIR could not recorded and he was kept in custody at that time. So this inquiry report is hereby submitted to Hon’ble High Court of Punjab and Haryana for further perusal and further necessary action, please.” In view of the detailed inquiry report aforesaid, this court feels that no further orders are required to be passed. Admittedly, detenue is no longer in illegal detention. The petition is disposed of. November 29, 2010 (RAJAN GUPTA) Ajay JUDGE