Amanpreet Kaur vs State of Punjab and Others

L.N. Mittal, J.—Amanpreet Kaur has filed this Habeas Corpus Writ Petition alleging that her husband Surinder Singh @ Vicky had been picked up by respondents No. 2 and 3 i.e. Station House Officer, Police Station Division No. 2, Ludhiana and C.I.A. Staff, Ludhiana at about 06:00 P.M. on 03.04.2013 and had been illegally detained. The writ petition was filed on 05.04.2013. On prayer of the petitioner, Warrant Officer was appointed to search the premises of respondents No. 2 and 3 or any other place that may be pointed out by the petitioner in order to secure the presence/release of alleged detenue Surinder Singh @ Vicky - husband of the petitioner. The petitioner, instead of taking the Warrant Officer to the premises of respondents No. 2 and 3, straightway took the Warrant Officer to Police Station Kotwali, where petitioner''s husband was found to have been arrested and also produced before the Illaqa Magistrate and already remanded to police custody and was thus lodged in the lock-up of the Police Station.

It is thus apparent that the petitioner has abused the Habeas Corpus Writ jurisdiction of this Court by filing this writ petition on false averments. Petitioner''s averment in the writ petition was that her husband had been picked up by respondents No. 2 and 3 i.e. Station House Officer, Police Station Division No. 2, Ludhiana and C.I.A. Staff, Ludhiana, but instead of taking the Warrant Officer to the premises of either respondent No. 2 or respondent No. 3, the petitioner straightway took the Warrant Officer to Police Station Kotwali. It would depict that the petitioner knew that her husband had been arrested by police of Police Station Kotwali in a case and had even been produced before the Illaqa Magistrate, who had remanded the petitioner''s husband to police custody.

For abusing of the jurisdiction of this Court by filing this writ petition, the petitioner has to be subjected to costs. However, I am taking lenient view and intend to impose only token costs. The writ petition is dismissed with costs of Rs. 5,000/- to be deposited by the petitioner with the Registry of this Court. If the cost amount is not deposited within one month from today, the case shall be listed for this purpose.