IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1927 of 2011 Date of decision: 13th October, 2011 Shamshad Alam … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Parminder Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus seeking release of Shabuddin Alam (cousin of the petitioner), who is stated to be illegally detained by the police. In pursuance of order dated 28th September, 2011, the Warrant Officer has visited the Police Chowki, Jagat Puri, Police Station Division No.4, Ludhiana on the intervening night of 28th and 29th September, 2011. At that time, the alleged detenue namely Shabuddin Alam was found in the premises of the police post. On enquiry, SI Kuldip Singh stated that Shabuddin Alam was called in relation to a complaint received from one Sangita Devi, in which she had stated that her 15 years old daughter has been kidnapped by Afroz Ansari and Shabuddin Alam. The Warrant Officer has submitted that since the alleged detenue was not further required by the police, he was got released. Counsel for the petitioner states that for few days Shabuddin Alam was unlawfully detained and for the same he should be Criminal Writ Petition No.1927 of 2011 compensated. This being a disputed question of fact, this Court cannot examine the contention raised by counsel for the petitioner. At this stage, counsel for the petitioner states that since the alleged detenue is no longer in custody, present petition has been rendered infructuous and the same be disposed of as such with liberty to take recourse to alternative remedy available to the petitioner or detenue for redressal of the grievance. As prayed, present petition is disposed of having been rendered infructuous. However, liberty is granted to the petitioner to take recourse to alternative remedy available to the petitioner, if so advised, and also to initiate action against the erring police officials for wrongful confinement of Shabuddin Alam and to seek compensation by approaching the appropriate authority. [KANWALJIT SINGH AHLUWALIA] JUDGE October 13, 2011 rps 2