Crl.Writ Petition No. 2139 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.W.P.No.2139 of 2010 Date of decision:20.4.2011 Sarita ... Petitioner versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Surinder Gandhi, Advocate, for the petitioner. Mr.Ravish Kaushik, AAG, Haryana. ... JORA SINGH, J. Sarita, petitioner, filed this Crl. Writ Petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus directing the respondents to release the detenues, whose names find mention in para No.3 of the petition, with further prayer to appoint Warrant Officer to locate the detenues and set them free from the custody of respondents No.3 and 4. As per order dated 17.11.2010, Warrant Officer was appointed to locate the detenues and if they were found to be in illegal confinement of respondents No.3 and 4, then Warrant Officer was directed to get them released forthwith. Report of the Warrant Officer is to the effect that Varinder @ Ladha, Rohtash and Dharminder were found to be in Special Staff (CIA), Bhiwani, at 8.30 AM on 18.11.2010. Crl.Writ Petition No. 2139 of 2010 2 In pursuance to the notice, reply was filed by the respondents to the effect that FIR No.164 dated 7.8.2010 under Section 379 IPC was registered in view of statement of Raju Mann. On 7.8.2010 at about 10.50 AM, Raju Mann along with his friend Gautam Sheoran in Maruti Ritz Car No. HR-99-EV (Temp)-5316 had gone to Axix Bank, Bhiwani, for encashment of a cheque of Rs.5,00,000/-. After collecting payment, they had gone to Civil Hospital, Bhiwani. At about 2.00 PM, they were in the house of Gautam Sheoran. Payment was kept under the front seat of the car. After locking the car, they had gone inside the house of Gautam Sheoran. In the meantime, horn of the car started blowing and when they came outside, then noticed two young men near the car. One young man was on a motor cycle, which was kept started. On seeing them, both the persons had fled away from the spot. Window pane of the car was found broken. Cash from the car was found stolen. Investigation of this case was transferred to respondent No.3. Special staff team raided the houses of alleged detenues on 8.11.2010 and 12.11.2010. On 17.11.2010 at about 9.00 PM, respondent No.3 received information that the detenues are present in the area of PS Bawani Khera. Raid was conducted. Detenues were picked up on 17.11.2010 for interrogation and on interrogation, they suffered disclosure statements. Detenues were arrested at 12.30 AM on 18.11.2010 in FIR No.164 dated 7.8.2010. After arrest, detenues were lodged in the police lock up of PS, Sadar, Bhiwani vide DDR No.3 dated 18.11.2010. Special Staff is situated within the premises of PS, Sadar, Bhiwani. Entry regarding arrest of the detenues is made in the roznamcha of PS, Sadar, Bhiwani. Detenues were brought to Special Staff, Bhiwani for interrogation, but there was no lock up in Special Staff, Bhiwani. At about 6.00 AM on 18.11.2011, Crl.Writ Petition No. 2139 of 2010 3 Inspector Rajesh Kumar brought the detenues from the lock up of PS, Sadar, Bhiwani. DDR No.5 dated 18.11.2010 was recorded in roznamcha of PS, Sadar, Bhiwani. Detenues were handed over to MHC Vinod Kumar of Special Staff, Bhiwani. Inspector Rajesh Kumar went to Village Dhani Kirawar in the area of PS, Tosham, in view of secret information that member of most wanted Vinod Gang may be found in the said area. In the meantime, Warrant Officer reached Special Staff, Bhiwani, at about 8.30 AM on 18.11.2010. Detenues were found in Special Staff, PS, Sadar, Bhiwani. Inspector Rajesh Kumar came back to Special Staff, PS, Sadar, Bhiwani. Disclosure statements, arrest memos, copies of FIR and DDRs were shown to the Warrant Officer. Detenues were produced before the Ilaqa Magistrate on 18.11.2010 and they were remanded to police custody. In pursuance of disclosure statements, some payment was recovered from Varinder @ Ladha, Rohtash and their relatives. Learned counsel for the petitioner argued that in pursuance of order of the Court, Warrant Officer had raided the Special Staff, PS, Sadar, Bhiwani, at about 8.30 AM on 18.11.2010. Varinder @ Ladha, Rohtash and Dharminder were found to be in illegal custody of Special Staff (CIA), PS, Sadar, Bhiwani. There was no entry in the roznamcha of Special Staff, Bhiwani. Custody of the detenues with Inspector Rajesh Kumar was illegal. Learned State counsel argued that FIR No.164 dated 7.8.2010 under Section 379 IPC was registered in view of the statement of Raju Mann. Rs.5,00,000/- was found stolen from the car of the complainant parked near the house of Gautam Sheoran. Investigation of the case was with Inspector Rajesh Kumar. In view of information supplied by one person, Inspector Rajesh Kumar had picked up Varinder @ Ladha, Rohtash Crl.Writ Petition No. 2139 of 2010 4 and Dharminder on 17.11.2010 at about 9.00 PM. They were brought to PS, Sadar, Bhiwani. Entry was made in the roznamcha. For interrogation, alleged detenues were being shifted to Special Staff (CIA), Bhiwani. Premises of Special Staff (CIA), Bhiwani, and PS, Sadar, Bhiwani, are adjoining to each other. Entry was made in the roznamcha in PS, Sadar, Bhiwani, when alleged detenues were being shifted to Special Staff for interrogation. Alleged detenues were handed over to MHC Vinod Kumar of Special Staff, Bhiwani. In the meantime, Inspector Rajesh Kumar received information that member of most wanted Vinod Gang is present in the area of Village Dhani Kirawar. As per information, Inspector Rajesh Kumar had gone to the field to apprehend the member of most wanted Vinod Gang. Alleged detenues were arrested in FIR No.164 dated 7.8.2010 on 18.11.2010 at about 12.30 AM during night time. Entry was made in the roznamcha. After Inspector Rajesh Kumar left the police station to apprehend member of most wanted Vinod Gang, then in the absence of Inspector Rajesh Kumar, Warrant Officer had gone to Special Staff, Bhiwani. Detenues were found in the custody of MHC Vinod Kumar. Disclosure Statements suffered by the detenues, arrest memos, copies of FIR and DDRs were shown to the Warrant Officer. Detenues were not in illegal custody of Special Staff, Bhiwani. Learned State counsel was directed to produce relevant entries of roznamcha of PS, Sadar, Bhiwani, and Special Staff, Bhiwani, and copies are on file. After going through the copies of relevant entries of roznamcha, I am of the opinion that submission of learned counsel for the petitioner seems to be not correct one. Copy of FIR on the file shows that FIR No.164 dated 7.8.2010 Crl.Writ Petition No. 2139 of 2010 5 was registered in view of the statement of Raju Mann. Rs.5,00,000/- was found stolen from the car of the complainant. Investigation of FIR No.164 dated 7.8.2010 was entrusted to Inspector Rajesh Kumar. Inspector Rajesh Kumar received secret information, then raid was conducted on 8.11.2010 and 12.11.2010 to apprehend the alleged detenues. On 17.11.2010 at about 9.00 PM on receipt of secret information, Inspector Rajesh Kumar had picked up the detenues from Bus Stand, Bhiwani, for interrogation. Detenues suffered disclosure statements that they had stolen Rs.5,00,000/-. Entry was made in the roznamcha dated 17.11.2010 at 7.00 PM by Inspector Rajesh Kumar while leaving police station. On 18.11.2010 at 12.30 AM, alleged detenues were arrested in FIR No.164 dated 7.8.2010. Detenues were brought to PS, Sadar, Bhiwani. DDR No.3 dated 18.11.2010 was recorded. Detenues were lodged in the lock up of PS, Sadar, Bhiwani, vide DDR No. 3 dated 18.11.2010. Admittedly, Special Staff, Bhiwani, is situated within the premises of PS, Sadar, Bhiwani, but there is no police lock up in Special Staff, Bhiwani. After arrest of the alleged detenues, they were being shifted to Special Staff, Bhiwani, for interrogation. This fact is clear from the copy of DDR No.5 dated 18.11.2010 at 6.00 AM. In view of DDR No.5 dated 18.11.2010 recorded in PS, Sadar, Bhiwani, alleged detenues were handed over to MHC Vinod Kumar of Special Staff, Bhiwani. In the meantime, Inspector Rajesh Kumar received secret information that member of most wanted Vinod Gang is present in the area of Village Dhani Kirawar, PS Tosham, but while leaving police Crl.Writ Petition No. 2139 of 2010 6 station, entry was not made in the roznamcha. By leaving alleged detenues in the custody of MHC Vinod Kumar of Special Staff, Bhiwani, Inspector Rajesh Kumar had gone to apprehend member of most wanted Vinod Gang. In the meantime, at about 8.30 AM on 18.11.2010, Warrant Officer had reached Special Staff, Bhiwani. Then detenues were found in Special Staff, Bhiwani. Copies of disclosure statements, arrest memos, FIR and DDRs show that detenues were left in the custody of respondents No.3 and 4. If there was no entry in the roznamcha of PS, Sadar, Bhiwani, then Warrant Officer was expected to get the alleged detenues released from the custody of MHC Vinod Kumar. In view of all discussed above, keeping in view relevant entries of roznamcha of PS, Sadar, Bhiwani, and Special Staff (CIA), Bhiwani, custody of alleged detenues with MHC Vinod Kumar or Inspector Rajesh Kumar cannot be illegal. Petition without merit is dismissed. 20.4.2011 ( JORA SINGH ) pk JUDGE