CRWP No. 2309 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 2309 of 2010 Date of decision: 31.1.2011 Amninder Singh ........ Petitioner Versus State of Punjab and others ........ Respondents CORAM: HON'BLE MR.JUSTICE JORA SINGH PRESENT: Mr. Mansur Ali, Advocate, for the petitioner. Mr. P.S. Grewal, AAG, Punjab. JORA SINGH, J. Amninder Singh, preferred this writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus with a roving writ, to recover detenu Balwinder Singh S/o Ajit Singh R/o village Nushera, Tehsil Malerkotla, District Sangrur. That the petitioner is the son-in-law of the detenu and the detenu was taken way by respondents No.3 and 4 on 26.11.2010. No case was registered against the detenu. He is still in the custody of respondent No.4. Vide order dated 2.12.2010, warrant officer was appointed to search the premises of respondents No. 3 and 4 or any other place as pointed out by the petitioner. CRWP No. 2309 of 2010 -2- In pursuance of the order dated 2.12.2010, warrant officer was appointed and report of the warrant officer is on the file. Report is to the effect that on 2.12.2010 at about 7.30 p.m., he had visited the premises of CIA Staff, Bahadur Singh Wala, District Sangrur. Balwinder Singh S/o Ajit Singh, was found in the custody of police (CIA Staff, Bahadur Singh Wala). There was no entry in the roznamcha. At about 8.50 p.m. ASI Dev Raj, came there and reported that detenu is in the paper custody of Police Station Amargarh. Copy of FIR No. 128 dated 2.12.2010, registered at Police Station Amargarh, was supplied. Roznamcha was not shown to him. Then one police official brought the roznamcha, DDR No. 26 dated 2.12.2010, was recorded at 8.50 p.m. by the warrant officer. Custody of Balwinder Singh, was handed over to ASI Dev Raj, being an accused in FIR No. 128 dated 2.12.2010. State filed reply in the shape of affidavit of Sh. Kuldip Sharma, Deputy Superintendent of Police, Detective, Sangrur, to the effect that FIR No. 128 dated 2.12.2010, was registered against Malkiat Singh, Balwinder Singh, Kuldip Kaur, Darshan Singh and Phul Chand Bhaiya, under Sections 302/201/34 IPC. Balwinder Singh was arrested in this FIR on 2.12.2010, by the SHO, Police Station, Amargarh, being the matter relating to heinous crime, Balwinder Singh, was got lodged in the lock up of CIA Staff, Bahadur Singh Wala. I have heard learned counsel for the petitioner, learned State counsel and have carefully gone through the file. Learned counsel for the petitioner argued that no case was CRWP No. 2309 of 2010 -3- pending against Balwinder Singh. Balwinder Singh was taken away by the respondents No.3 and 4 and was illegally detained in CIA Staff, Bahadur Singh Wala. At about 8.50 p.m. on 2.12.2010, raid was conducted by the warrant officer. Balwinder Singh, was found in the custody of CIA Staff, Bahadur Singh Wala. No entry was made in the Roznamcha as to whether Balwinder Singh was arrested by the SHO, Police Station Amargarh and was brought to CIA Staff, Bahadur Singh Wala. After raid, record was fabricated by recording FIR No. 128 dated 2.12.2010, at Police Station Amargarh, regarding murder of Darshan Singh about 7/8 years back. Learned State counsel argued that FIR No. 128 dated 2.12.2010, was registered in Police Station Amargarh and in this FIR SI Pushpinder Singh of Police Station Amargarh, had arrested Balwinder Singh and to interrogate him, he was kept in CIA Staff, Bahadur Singh Wala. As per last order, roznamcha of CIA Staff, Bahadur Singh Wala and that of Police Station Amargarh dated 2.12.2010, was brought by the concerned police official. Photocopy of DDR No.40 of Police Station Amargarh and DDR No. 26 dated 2.12.2010 of CIA Staff, Bahadur Singh Wala alongwith the photocopy of the FIR No. 128 dated 2.12.2010, were taken on record. According to the entry of the roznamcha of Police Station Amargarh FIR No. 128 dated 2.12.2010, under Sections 302/201/34 IPC was registered at about 5.55 p.m. Information was received regarding CRWP No. 2309 of 2010 -4- the occurrence at about 5.10 p.m. and this fact is clear from the photocopy of FIR No. 128 dated 2.12.2010. Roznamcha of Police Station Amargarh, is silent at what time SI Pushpinder Singh, had left the police station in connection with the investigation of FIR No.128 dated 2.12.2010, after registration of the same at 5.55 p.m. DDR No. 40 is to the effect that at 7.30 p.m. SI Pushpinder Singh, after registration of FIR No. 128/ came back to the police station along with Balwinder Singh and to interrogate Balwinder Singh, he was kept in CIA Staff, Bahadur Singh Wala. Police Station Amargarh, is different from CIA Staff, Bahadur Singh Wala. If at about 7.30 p.m. SI Pushpinder Singh, came to the police station after the investigation in FIR No. 128, after the arrest of Balwinder Singh then at what time he had left the police station to detain Balwinder Singh in CIA Staff, Bahadur Singh Wala. If SI Pushpinder Singh, had not gone to CIA Staff, Bahadur Singh Wala, to detain Balwinder Singh, then which official had gone to CIA Staff, Bahadur Singh Wala alongwith Balwinder Singh. No entry in the roznamcha regarding departure of either SI Pushpinder Singh or any other police official with Balwinder Singh to detain him in CIA Staff, Bahadur Singh Wala. At 8.50 p.m. warrant officer had raided the premises of CIA Staff, Bahadur Singh Wala. Balwinder Singh, was found in the custody of CIA Staff, Bahadur Singh Wala. There was no entry in the roznamcha. Warrant Officer had recorded DDR No. 26 dated 2.12.2010. As per reply filed by the State there was no DDR in the roznamcha of CRWP No. 2309 of 2010 -5- CIA Staff, Bahadur Singh Wala, as to at what time which of the police official of Police Station Amargarh, had come along with Balwinder Singh in CIA Staff, Bahadur Singh Wala, arrested in case FIR No. 128 dated 2.12.2010 and at what time Balwinder Singh was detained in CIA Staff, Bahadur Singh Wala. If any official of Police Station Amargarh, came to CIA Staff, Bahadur Singh Wala, along with Balwinder Singh and he (Balwinder Singh) was handed over to CIA Staff, for further interrogation then at what time either SI Pushpinder Singh or any other official came along with Balwinder Singh, to CIA Staff and at what time he had left the CIA Staff, Bahadur Singh Wala. After leaving, Balwinder Singh in CIA Staff, at what time that official had gone back to Police Station, Amargarh and what is the number of DDR. FIR No. 128 is to the effect that about 7-8 years back Darshan Singh was murdered and dead body was disposed off. No missing report regarding Darshan Singh about 7-8 years back. If Darshan Singh, was missing for the last about 7-8 years then why FIR was not got registered. There was no idea to register FIR No. 128 on 2.12.2010 against Balwinder Singh and others. In fact, after Balwinder Singh, was found in CIA Staff, Bahadur Singh Wala then SHO, Police Station Amargarh was requested to register FIR implicating Balwinder Singh, then story was concocted that Balwinder Singh, was arrested in case FIR No. 128 dated 2.12.2010 and was detained in CIA Staff, Bahadur Singh Wala, for further interrogation. If story was correct one then why no entry in the roznamcha of Police Station Amargarh and CIA CRWP No. 2309 of 2010 -6- Staff, Bahadur Singh Wala. Thorough enquiry is required to be made as to which official had arrested Balwinder Singh, how FIR was registered against him, who had brought Balwinder Singh, to CIA Staff Bahadur Singh Wala, at what time and which officials are responsible. Whether Balwinder Singh was detained in CIA Staff, at the instance of Higher Officers. To settle the controversy regarding illegal detention of Balwinder Singh, I direct the learned Chief Judicial Magistrate, Sangrur, to hold enquiry by joining SHO Police Station Amargarh and In-charge of CIA Staff, Bahadur Singh Wala, at the relevant time and report as to which officials are responsible. Whether FIR No. 128 dated 2.12.2010, was recorded in Police Station Amargarh, simply to save CIA Staff, Bahadur Singh Wala? Enquiry report is to be submitted within a period of three months from the date of receipt of copy of this order. Registry is directed to send the copy of order to learned Chief Judicial Magistrate, Sangrur, for compliance. The present Criminal Writ Petition stands disposed of. After receipt of enquiry report of the learned Chief Judicial Magistrate, Sangrur, file be put up for further orders. January 31, 2011 (JORA SINGH) rishu JUDGE