Allowed

Ranjit Kaur v. State of Punjab and Others

Punjab & Haryana HC23 Sept 2024CRWP/9319/2024

Case brief

AI extract

What is this about?

Habeas-style writ under Article 226 alleging illegal detention. Court directed SDM, with police assistance if needed, to visit the place of detention and ensure release if custody is found illegal and not bonafide.

What did the court decide?

Directions to SDM to visit place of detention, verify legality of custody, and ensure immediate release if illegal; petition allowed to that extent.

Ranjit Kaur Vs State of Punjab and Others — Bail and Remand | Punjab & Haryana HC (2024)

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CRWP No.9319 of 2024 -1-

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148 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No.9319 of 2024 Date of Decision: 23.09.2024 Ranjit Kaur ...Petitioner

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Versus

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State of Punjab and Others …Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. A.S. Gulati, Advocate for the petitioner.

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Ms. Swati Batra, DAG, Punjab.

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ANOOP CHITKARA, J.

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Seeking release of the alleged detenu, the petitioner has come up before this Court under Article 226 of the Constitution of India.

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Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.

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The allegations regarding illegal detention and detail of detenues are stated in paragraph nos. 2 to 4 of the petition and prima facie, point towards some restrain. Given above, considering the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Sub Divisional Magistrate, either on its own or through a warrant officer or any other officer authorized by the DM/SDM, visit the place of detention and, if the persons are found to be in illegal custody, ensure their immediate release, subject to verification, that there are no malafide intentions and the custody is bonafide, apart from other aspects which would require consideration. If such an officer needs police assistance, the SHO of the concerned police station(s) shall provide it.

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This petition is closed with the directions mentioned above, which are to be complied with on a priority. It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the alleged detenu is required in any cognizable case. It shall also be open for the petitioner to approach this Court again for any surviving or

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Sonia Puri 2024.09.25 10:18 I attest to the accuracy and integrity of this document

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CRWP No.9319 of 2024 -2-

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consequent grievances.

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There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.

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Petition is allowed to the extent mentioned above . All pending applications, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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23.09.2024 Sonia Puri Whether speaking/reasoned: Yes Whether reportable: No .

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Sonia Puri 2024.09.25 10:18 I attest to the accuracy and integrity of this document

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Ranjit Kaur v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Ranjit Kaur v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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