Criminial Writ Petition No. 1084 of 2009 -1-
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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
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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-
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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