Criminal Writ Petition No.1307 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1307 of 2011 Date of Decision : 04.07.2011 Gurbhej Singh .... Petitioner Versus State of Punjab and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Amit Jaiswal, Advocate for the petitioner. Mr. Raghbir Chaudhary, Sr. Deputy Advocate General, Punjab for respondents-State. * * * * L.N.MITTAL, J. (ORAL) In this habeas corpus petition filed under Article 226 of the Constitution of India by Gurbhej Singh, it was alleged that one Baljinder Singh had been illegally detained by respondent No.3 Nirmal Singh, SHO of Police Station Valtoha. Vide order dated 21.06.2011, this Court appointed Warrant Officer, who visited Police Station Valtoha on 22.06.2011 at 1.15pm accompanied by petitioner and his two cousins. Petitioner's relative disclosed there that Baljinder Singh had been detained in Police Post Gharyala. Accordingly Warrant Officer went to the said Police Post and found the detenue there in handcus. There was no entry relating to his detention in Roznamcha of the Police Post. However respondent No.3 also reached the police post after some time and gave copy of DDR No.11 dated 22.06.2011 of Police Station Criminal Writ Petition No.1307 of 2011 -2- Valtoha recorded at 9.15am regarding arrest of Baljinder Singh in a case under Sections 107 and 151 of the Code of Criminal Procedure. I have heard learned counsel for the parties and perused the case file. The purpose of Habeas Corpus writ petition stands achieved. Learned counsel for the petitioner, however, contended that Baljinder Singh was illegally detained and case under Sections 107 and 151 of the Code of Criminal Procedure was fabricated after Warrant Officer appointed by this Court raided the Police Station. This contention cannot be adjudicated in the instant Habeas Corpus Writ Petition. The petitioner or the alleged detenue shall be at liberty to take any action in accordance with law regarding his alleged illegal detention or fabrication of case under Sections 107 and 151 of the Code of Criminal Procedure. Subject to the aforesaid observations, the instant criminal writ petition is disposed of. ( L. N. MITTAL ) JUDGE 04.07.2011 'raj'