IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1404 of 2010 (By post) Date of decision: 28th February, 2011 Paramjit Kaur … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.S. Bains, Advocate for the petitioner. Mr. B.S. Sra, Additional Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) A telegram was received by the Registry of this Court on 23rd July, 2010 and the same was treated as a Criminal Writ Petition. It was stated in the telegram by Paramjit Kaur that her husband Mohinder Singh was picked up by the police of Police Station Dera Baba Nanak on 18th July, 2010 at about 8.30 a.m. Buta Singh, Deputy Superintendent of Police, Head Quarters, Batala has filed a reply, wherein it is stated that Mohinder Singh was neither picked up nor he is wanted or required in any case by the police of Police District Batala. Along with the reply, statements of Inderjit Singh, Member Block Samiti, Dera Baba Nanak and Nishan Singh Sarpanch of village Pati Haveli have been annexed, wherein it is stated that Mohinder Singh, at the relevant time, was working in his fields and was not picked up by the police. To controvert this, counsel for the petitioner has placed on record affidavits of Inderjit Singh, Member Block Samiti, Dera Baba Nanak; Upkar Singh Sarpanch; Jagtar Singh Lamberdar; Nirmal Singh Lamberdar; Joginder Singh son of Hajara Singh and Mukhtiar Singh son of Bachan Criminal Writ Petition No.1404 of 2010 Singh to state that SHO, Police Station Dera Baba Nanak had picked up Mohinder Singh on 18th July, 2010 and he was kept in police custody upto 21st July, 2010 and later-on, on the intervention of respectables of the village, he was released from the unlawful custody. Disputed questions of fact are involved in the present writ petition, which cannot be examined by a writ Court. Admittedly, at present, Mohinder Singh is not in custody. Therefore, no writ in the nature of habeas corpus can be issued. The petitioner, if so advised, may take recourse to the lawful remedy available to her for taking the alleged erring police officials to task for alleged illegal confinement of her husband. The alleged detenue, if so advised, may also seek compensation from the appropriate forum for the alleged wrongful detention. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE February 28, 2011 rps 2