Dismissed

Sandeep Gupta v. State of Punjab and Others

Punjab & Haryana HC27 May 2019CRWP/397/2019

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana upheld a prior order finding that the detenue Pardeep Gupta was illegally detained due to the absence of proper documents in his DDR. The court directed the State Government to pay compensation of Rs. 20,000 to the detenue and recover the same from the responsible police incharge. The dismissal of the present petition as infructuous follows the release of the d

What did the court decide?

Directed State Government to pay Rs. 20,000/- compensation to Pardeep Gupta for illegal detention. Directed State to recover this from Police Post Incharge. Report within three months.

Sandeep Gupta Vs State of Punjab and… — Civil Procedure and Limitation | Punjab & Haryana HC (2019)

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254

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No.397 of 2019 (O&M) Date of Decision: May 27, 2019

Sandeep Gupta

...Petitioner

VERSUS

State of Punjab and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

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Present: Mr.S.P.Khera, Advocate for Mr.L.M.Gulati, Advocate for the petitioner.

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Mr.Dhruv Dayal, Sr.DAG, Punjab for the respondent-State.

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INDERJIT SINGH, J.

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The petitioner has filed this criminal writ petition against State of Punjab and other respondents under Article 226 of the Constitution of India in the nature of Habeas Corpus for direction to get released detenue Pardeep Gupta from the illegal custody of respondents No.4 to 6, who are posted at Police Post Ghanupur Kale within the limits of Police Station Chhehratta, District Amritsar Rural.

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Notice of motion was issued. Learned State counsel appeared

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in this case.

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After hearing both the learned counsel, it is clear that detenue has already been released, therefore, no further action is required in this petition and the same is dismissed as infructuous.

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VINEET GULATI 2019.05.31 10:55 I attest to the accuracy and authenticity of this document Chandigarh

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CRWP No.397 of 2019

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However, the detenue was found by the Warrant Officer illegally detained in Police Post Ghanupur Kale. As, there was no document or entry in the DDR, therefore, version of the Chowki Incharge that he has been arrested in the proceedings under Section 107/151 Cr.P.C. relating to case of another Police Post, cannot be believed, which prima facie shows that detenue has been illegally detained. Therefore, State Government is directed to pay compensation of `20,000/- to detenue Pardeep Gupta, to be deposited within two months from today with learned CJM, Amritsar, which is to be paid to the detenue as per law. State Government shall recover this amount from the Police Post Incharge ASI Satpal Singh or the official responsible for detaining Pardeep Gupta illegally. It is made clear that detenue is also at liberty to avail all the remedies including asking for compensation for illegal detention or to file any criminal proceeding, as per law, if so advised.

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It is further directed that State Government through Commissioner of Police, Amritsar, will submit the report after three months regarding compliance of the order i.e. depositing of `20,000/- with learned CJM, Amritsar.

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May 27, 2019 (INDERJIT SINGH) Vgulati JUDGE

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Whether speaking/reasoned Yes Whether reportable No

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VINEET GULATI 2019.05.31 10:55 I attest to the accuracy and authenticity of this document Chandigarh

Sandeep Gupta v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Sandeep Gupta v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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