IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No.2590 of 2011 Date of decision: November 30 , 2011. Sinder ... Petitioner(s) v. State of Punjab & others ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Sumeet Puri, Advocate, for the petitioner. Shri S.S. Chandumajra, Deputy Advocate General, Punjab. Kanwaljit Singh Ahluwalia , J. (Oral): Present writ petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued for release of Amandeep @ Mohammad Naseen, who, according to the petitioner, was unlawfully detained by respondent No.3. This Court, on 22.11.2011, while accepting the prayer of the petitioner, had appointed a Warrant Officer. The Warrant Officer in his report dated 23.11.2011 has submitted that he along with the petitioner had visited the Police Station on 22.11.2011 and as per the police record, Amandeep @ Mohammad Naseen was arrested in case FIR No.45 dated 1.3.2011, registered at P.S. Khanna City, under Sections 363, 364, 366-A IPC and thereafter he was produced in the court of SDJM on 22.11.2011 and was sent to judicial custody for a period of 14 days. As on today, the alleged detenue is in lawful custody, hence, no writ in the nature of habeas corpus can be issued. Crl. WP No.2590 of 2011 -2- Shri Sumeet Puri, Counsel appearing for the petitioner, has stated that Amandeep @ Mohammad Naseen was picked up by the police much before the day his arrest was reflected in the record. This, being a disputed question of fact, cannot be determined by this Court. The petitioner, if so advised, during the course of cross examination of the witnesses or by leading defence evidence, may prove that he was unlawfully earlier detained by the police than his arrest was shown. With the liberty aforesaid, present petition is disposed of. [Kanwaljit Singh Ahluwalia] November 30 , 2011. Judge kadyan