CRWP No. 840 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 840 of 2008 Date of decision: 21.12.2011 Karan Dass ........ Petitioner Versus State of Punjab and others ........ Respondents CORAM: HON'BLE MR.JUSTICE JORA SINGH **** PRESENT: None for the petitioner. Mr. NS Virk, Additional Advocate General, Punjab. Mr. Amar Ashok Pathak, Advocate for respondents No. 2 and 3. **** JORA SINGH, J. On the last date of hearing i.e. on 6.12.2011, none has put in appearance on behalf of the petitioner then Registry was directed to issue notice to petitioner as well as his counsel Mr. VS Rana, Advocate. As per report made by the Registry, notices have been served upon the petitioner and his counsel Mr. VS Rana, Advocate but despite service no one is present on behalf of the petitioner. Karan Dass, preferred this writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus for the release of his brother namely Daniel Dass (detenu), on CRWP No. 840 of 2008 -2- the allegation that he (detenu) was kept confined illegally by respondents No. 2 and 3 at the instance of respondents No. 4 and 5. Vide order dated 5.9.2008, warrant officer was appointed to visit the place/places where the detenu is alleged to have been detained. Report of the warrant officer dated 6.9.2008, is on the file and as per report on 5.9.2008 at about 10.00 p.m., Police Station Division No. 8, Ludhiana, was raided and detenu was found standing inside the police station in the courtyard. Ultimately, warrant Officer reported that it appears that Daniel Dass was illegally detained by the police of Police Station Division No. 8, Ludhiana. Vide order dated 2.6.2011, the Commissioner of Police, Ludhiana, was directed to mark enquiry to any responsible police officer not below the rank of DSP, to report as to whether any complaint was pending for forging the documents against Daniel Dass (detenu)? Whether in connection with the investigation of that complaint detenu was summoned to the police station and who had summoned the detenu to the police station? Which official is responsible for illegal detention of the detenu or the detenu came to the police station a few minutes earlier to the raid to pressurize the police not to take any action because complaint for forging the documents against him was pending with police for investigation? Additional Deputy Commissioner of Police, Ludhiana, was directed to submit report in this regard. Report of the Additional Deputy Commissioner of Police, Ludhiana, is on the file and it shows that Sudama Nand filed complaint in the office of the Senior Superintendent CRWP No. 840 of 2008 -3- of Police, Ludhiana, for forging certain documents. Complaint was against Daniel Dass (detenu). After enquiry FIR No. 117 dated 6.12.2008 under Sections 419, 420, 465, 467, 468, 471, 472, 474, 511, 120-B IPC was registered in Police Station Division No. 8, Ludhiana. It is further reported that besides FIR No. 117 dated 6.12.2008, FIR No. 299 dated 10.10.2005, under Sections 379, 201, 506, 34, 420, 467, 468, 471 IPC, Police Station Division No. 5 Ludhiana; FIR No. 242 dated 8.9.2007, under Sections 295, 297 IPC, Police Station Division No. 5, Ludhiana and FIR No. 142 dated 2.11.2010, under Sections 15, 61, 85 of the NDPS Act, Police Station Division No. 4, Ludhiana, were also registered against Daniel Dass (detenu). In view of the complaint by Sudama Nand-landlord detenu came to the police station few minutes before the raid of warrant officer. Report is to the effect that raid was got conducted by Daniel Dass (detenu) to pressurize the police, so, that no action be taken against him on the complaint of Sudama Nand. After going through the file, report of warrant officer and enquiry report submitted by the Additional Deputy Commissioner of Police, Ludhiana, I am of the opinion that the instant Criminal Writ Petition was got instituted by Daniel Dass (detenu) through his brother for appointment of warrant officer to pressurize the police, so, that no action against him on the complaint of Sudama Nand for forging certain documents. Denial Dass was not summoned at the police station and he was not illegally detained by any of the official/officer of the Police Department. After the registration of different FIRs against the detenu CRWP No. 840 of 2008 -4- possibility of getting Criminal Writ Petition filed through brother to pressurize the police and a few minutes before the arrival of warrant officer presence of Daniel Dass (detenu) in the premises of Police Station Division No. 8, Ludhiana, cannot be ruled out. In view of all discussed above, no further action is required. Criminal Writ Petition without merits stands disposed of. December 21, 2011 ( JORA SINGH ) rishu JUDGE