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Judgment
Jaswant Singh, J.—Instant petition has been filed by the Petitioner u/s 226 and 227 of the Constitution of India for issuance of a Writ in the nature of Habeas Corpus for appointment of a Warrant Officer to seek the release of the detenue, who is stated to be brother-in-law(Sala) of the Petitioner.
Reply by way of affidavit of Mr. Prem Singh, Inspector/SHO Police Station Daba, Shimlapuri, Ludhiana has been filed wherein it is stated that the Respondent No. 3 had moved an application dated 15.9.2010 with Respondent No. 2 levelling allegations against Jaspal Singh, Sippy, Sunny, Sanjay and Sunjit Kumar of giving beatings to his son Sahil Kumar. Due to the above said incident the alleged detenue along with others were legally summoned to the police station on 18.9.2010 by the Police Station Daba as envisaged u/s 160 Cr.PC but at that time SHO was on patrolling duty and the alleged detenue along with others had to wait for him in the open gallery of the police station.
It is further stated that during the raid conducted by the Warrant Officer the alleged detenue along with other persons was found sitting in the open gallery on the right side of the police station whereas the office of the SHO, MHC, Mess etc., are situated on the extreme left side of the police station and as such there was no control of the police officials on the persons sitting on the open gallery. The alleged detenue along with other persons also told the same fact to the warrant officer.
Report of Warrant Officer also perused which confirms the aforesaid situation as submitted in the reply filed on behalf of the police.
In view of the aforesaid scenario, the present criminal writ petition is rendered infructuous.
Dismissed as infructuous.