High Court Punjab-Haryana High Court

Davinder Pal Singh vs State Of Punjab And Others on 14 October, 2009

Punjab-Haryana High Court
Davinder Pal Singh vs State Of Punjab And Others on 14 October, 2009
Criminial Writ Petition No. 1084 of 2009                       -1-

                                      ****


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         Criminial Writ Petition No. 1084 of 2009
                         Date of decision : 14.10.2009



Davinder Pal Singh                                             .....Petitioner

                         Versus

State of Punjab and others                                ...Respondents

                               ****

CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:    Mr. Shiv Kumar, Advocate for the petitioner

            Mr. B.B.S.Teji, Assistant Advocate General, Punjab

S. D. ANAND, J.

In this Criminal Writ Petition filed by the petitioner, a Warrant

Officer had been appointed by a Coordinate Bench ( A.N.Jindal, J.) of this

Court vide order dated 1.10.2009. The Warrant Officer has furnished his

report dated 2.10.2009. It may be read as Annexure A-1.

The Warrant Officer found that the CIA Staff, Khanna, District

Ludhiana had made an entry (DDR No.4 dated 1.10.2009 at 1.30 P.M.)

regarding the arrest of alleged detenue in connection with RIR No.68 dated

17.4.2009 registered at Police Station, Samrala. A copy of the FIR was

handed over to the Warrant Officer by ASI Mohan Lal.

In the light of that fact, the Warrant Officer observed that

detention of the detenue could not be described as illegal.

Learned counsel, appearing on behalf of the petitioner, states

that DDR entry had been ante timed and that there was no justification with

the police of CIA Staff, Khanna, District Ludhiana to arrest the detenue as

his name did not figure in the FIR.

Learned counsel states that the petitioner reserves liberty to
Criminial Writ Petition No. 1084 of 2009 -2-

****

file a complaint for wrongful confinement on the basis of finding of the

Warrant Officer.

In view of the report made by the Warrant Officer, no further

orders in this Criminal Writ Petition are required. It is to state the obvious

that the petitioner would be entitled to take whatever legal recourse is

available to him as per law.

October 14, 2009                                    (S. D. ANAND)
Pka                                                    JUDGE

Note: Whether to be referred to Reporter : Yes/No