IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.874 of 2010 Date of Decision : May 14, 2010 Baljit Singh ....Petitioner Versus State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Ashish Aggarwal, Advocate Mr. P.S.Grewal, Assistant Advocate General, Punjab T.P.S. MANN, J. (Oral) In view of the plea taken by the petitioner that his wife Daljit Kaur and his brother Harpal Dass were picked up from his house on 5.5.2010 at about 5.00 P.M. and, thereafter, detained illegally, a Warrant Officer was appointed so as to visit Police Station Majitha and Police Station Kathu Nangal or any other place to be so pointed out by the petitioner so as to search for the aforementioned alleged detenus. As per the report of the Warrant Officer, he left Chandigarh alongwith the petitioner on 10.5.2010 at 4.00 P.M. At about 10.00 P.M. when he was about 15 kms. short of Majitha, the petitioner received a telephonic call on his mobile and learnt that Daljit Kaur, who was detained at Police Post Bhangali Kalan, Police Station Majitha, had already been let off at about 6.00 P.M. The petitioner was further informed by the caller that Harpal Dass was still detained in the said Police Post. Thereafter, as desired by the petitioner, the Warrant Officer proceeded to visit Police Post Criminal Writ Petition No.874 of 2010 -2- Bhangali Kalan. On the way, Daljit Kaur joined him and the petitioner and stated about her detention and release. She also disclosed that Harpal Dass was still detained in the same Police Post. The Warrant Officer reached Police Post Bhangali Kalan at about 10.30 P.M. He searched the premises, including the rooms of the said Police Post, but Harpal Dass could not be found there. As desired by the petitioner, the Warrant Officer visited Police Station Majitha and Police Station Kathu Nangal also but Harpal Dass could not be found there as well. As per further desire of the petitioner, the Warrant Officer also visited the disputed land where he saw that the house had been demolished and a temporary wall had been freshly prepared there. Finally, it is mentioned that as the petitioner could not point out any other place where Harpal Dass could have been detained, the Warrant Officer came back to Chandigarh. In view of the above, it is clear that at the time of visit of the Warrant Officer, Daljit Kaur was not confined in police custody. As regards Harpal Dass, neither he was found detained in Police Post Bhangali Kalan, Police Station Majitha or Police Station Kathu Nangal nor the petitioner could point out any other place where Harpal Dass could have been detained. Resultantly, the present petition has been rendered infructuous and is, accordingly, disposed of. However, the petitioner would be at liberty to avail of any other remedy, if so advised, in accordance with law. Criminal Writ Petition No.874 of 2010 -3- ( T.P.S.MANN ) May 14, 2010 JUDGE satish