IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Writ Petition 362 of 2009 Date of decision: 18.4.2009 Gurmeet Kaur …Petitioner Versus State of Punjab …Respondent Present: None for the petitioner. Mr Sudhir Nehra, Addl AG Punjab. S.S. SARON, J. The letter written by Smt Gurmeet Kaur wife of Dhian Singh – detenu was treated as a Criminal Writ Petition. It is alleged by Gurmeet Kaur that on 5.3.2009 at about 5.30 a.m., she herself, her husband – Dhian Singh, her son Harnek Singh who was their relative and was related as husband’s sister’s husband of Smt Gurmeet Kaur (petitioner) had come to meet them. They were present at their house. Suddenly, a Scorpio vehicle stopped outside her house. There were 7-8 persons in it with their faces covered. The aforesaid persons entered their house and forcibly picked up Dhian Singh and son of the petitioner namely Avtar Singh and also Harnek Singh. When she tried to stop them, they stated that they were Police officials. The petitioner apprehended that the aforesaid persons who had come in civil dress would get her husband – Dhian Singh, her son – Avtar Singh and Harnek Singh implicated in some false case. Notice of motion was issued. Reply by way of affidavit of Sh Devinder Singh, DySP (Rural) Patiala has been filed in Court which is taken on record. It is stated that case FIR 186 dated 31.7.2008 for the offences 1 Criminal Writ Petition 362 of 2009 under Sections 336/427/447/506/571/148/149 IPC stands registered at PS City Barnala on the complaint of Kulwinder Kaur – complainant. On 7.8.2008, the Deputy Inspector General of Police, Patiala Range, Patiala entrusted the investigation of the case to Davinder Singh DySP (Rural) Patiala. During investigation on 25.8.2008, Davinder Singh DySP (Rural) added the offences under Sections 382/452 IPC in the said case. The accused as mentioned/arrested in the case had been nominated on the statements of the eye-witnesses. On 5.3.2008, Davinder Singh DySP (Rural) had deputed a Police party headed by ASI Madhwa Nand to carry out a raid and arrest the accused. Accordingly, the acused were arrested and produced before the Ilaqa Magistrate on 6.3.2009. One-day Police remand was granted by the Magistrate and they were produced again on 7.3.2009. The accused were then sent to judicial custody till 20.3.2009. It is submitted that the persons as mentioned in the petition were arrested in the aforesaid case FIR 186 dated 31.7.2008. Besides, as per the wishes of the accused, Jagroop Singh son of Dalip Singh was informed about their arrest. The accused were rounded up from the house of Jaswant Singh – co-accused where all of them were found by the Police party on a raid conducted on 5.3.2009 at about 8 a.m. Keeping in view the affidavit filed in Court today, nothing survives in the petition and the same is accordingly dismissed. 18.4.2009. ( S.S.SARON ) ASR JUDGE 2