Dismissed

Kirpal Singh v. State of Punjab and Ors.

Punjab & Haryana HC10 Jan 2011CRWP/18/2011

Case brief

AI extract

What is this about?

A writ petition for habeas corpus alleging illegal custody was filed. After a warrant officer reported police arrest details, the petitioner withdrew the petition, and the court dismissed it while preserving liberty for further action against erring officials.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach lawful remedies against ering officials for wrongful confinement.

Kirpal Singh Vs State of Punja… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2011)

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Criminal Writ Petition No. 18 of 2011

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In the High Court of Punjab and Haryana, at Chandigarh.

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Criminal Writ Petition No. 18 of 2011

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Date of Decision: 10.1.2011

Kirpal Singh

…Petitioner

Versus

State of Punjab and Others

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…Respondents

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CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. D.S. Virk, Advocate for the petitioner.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for release of the detenues namely Dalbir Singh, Jaswinder Singh and Gurdev Singh, from the illegal custody of respondents No. 2 and 3.

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In pursuance of the prayer made by learned counsel for the petitioner, this Court, vide order dated 4.1.2011, has appointed the Warrant Officer.

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In compliance with the order of this Court, the Warrant Officer has submitted his report dated 5.1.2011, wherein it is stated that he had visited Police Station Valtoha on 5.1.2011. He further stated that Jaswinder Singh and Gudev Singh were arrested by the police in case FIR No. 122 dated 23.12.2010 under Sections 307 and 326 IPC.

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Criminal Writ Petition No. 18 of 2011

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However, Dalbir Singh is not in custody of the police and he voluntarily came to the Police Station to serve meals to Jaswinder Singh and Gurdev Singh. Thereafter, he had left the Police Station.

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In view of the report of the Warrant Officer, learned counsel for the petitioner submits that arrest of the detenues was only shown when the Warrant Officer reached at the spot and earlier thereto, the detenues were in unlawful custody of the police. However, he prays that the petitioner may be permitted to withdraw the present writ petition with the liberty to take recourse to the lawful remedy for taking the erring officials to task for wrong confinement of the detenues.

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As prayed, the present writ petition is hereby dismissed as withdrawn with the liberty aforesaid.

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(Kanwaljit Singh Ahluwalia) Judge

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January 10, 2011 “ DK ”

Kirpal Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Kirpal Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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