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286 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRWP-2542-2025 (O&M) Date of Decision: 20.03.2025 RUPINDER KAUR
…Petitioner V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Raj Kumar Chandana, Advocate for the petitioner. Mr. Rishabh Singla, AAG Punjab. **** HARPREET SINGH BRAR J. (Oral)
1. This criminal writ petition has been filed under Section 226 of Constitution of India read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking issuance of a writ in the nature of habeas corpus directing the official respondents to get release the detenue namely Gobind Singh @ Gora @ Goga son of Pala Singh resident of village Gholia Kalan, Police Station Baghapurana District Moga from the illegal detention of respondents No. 2 and 3 along with other officials. 2. On 12.03.2025 following order was passed:
“This criminal writ petition has been filed under Section 226 of Constitution of India read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking issuance of a writ in the nature of habeas corpus directing the official respondents to get release the detenue namely Gobind Singh @ Gora @ Goga son of Pala Singh resident of village Gholia Kalan, Police Station Baghapurana District Moga from the illegal detention of respondents No. 2 and 3 along with other officials. Notice of motion for 20.03.2025. Registry is directed to appoint a Warrant Officer, who shall visit the alleged placed of detention and any other place, as may be pointed out by the petitioner. In case the alleged detenue is found in illegal detention of respondents No. 2, 3 and other officials, the Warrant Officer shall ensure his release forthwith. The petitioner shall meet the requisite charges on AJAY GOSWAMI 2025.03.21 17:50 I attest to the accuracy and integrity of this document
CRWP-2542-2025 (O&M) -2- account of fee and travelling expenses of Warrant Officer as fixed by the Registry. Warrant Officer is directed to submit his report on or before the next date of hearing.”
3. Report of the Warrant Officer is received. Same is taken on record. Registry is directed to tag the same at the appropriate place. 4. Perusal of aforesaid report indicates that Warrant Officer had reached the Police Station Baghapurana (Moga) at 08.05 PM and the husband of the petitioner was arrested in FIR No. 0038 dated 11.03.2025 vide GD No. 024 and 031 dated 11.03.2024.
Thereafter, the detenue was produced before the jurisdictional Court and he was sent to District Jail, Moga. 5. In view of the report submitted by the Warrant Officer, no further directions are required to be issued in the present petition and the same is hereby disposed of accordingly. (HARPREET SINGH BRAR) 20.03.2025
JUDGE
Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.03.21 17:50 I attest to the accuracy and integrity of this document