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2025 DAILYLAW 8070 (HP)

MUKESH AND OTHERS v. STATE OF HP AND OTHERS

CRWP/7/2025 · 2025-04-04

Ranjan Sharma, Vivek Singh Thakur

body2025

Judgment text

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2025:HHC:9180 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.WP No.7 of 2025 Decided on: 04.04.2025 __________________________________________________________ Mukesh & Others ...Petitioners Versus State of HP & Others ...Respondents Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? For the petitioners: Nemo. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Arsh Rattan, Deputy Advocate General, for respondents No.1 to 3-State. Vivek Singh Thakur, Judge [Oral] This petition was registered as Habeas Corpus Criminal Writ Petition No.7 of 2025, on receiving a letter from the labourers working with respondent No.4. 2. In response to the petition, affidavit of Deputy Commissioner, Solan, has been filed, stating therein as under:- “That the Sub-Divisional Magistrate, Baddi, vide letter No.Baddi/SDM/SDK/2025-452 dated 02.04.2025 (Annexed as Annexure R/1) has reported that the investigation with regard to the complaint was conducted by the Committee of three members i.e. Tehsildar, Baddi, In-charge, Police Station Barotiwala and Labour Inspector, Baddi as constituted by the Sub- Divisional Magistrate, Baddi. During the investigation, none of the labourers and their children were found held 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:9180 - 2 - hostage nor any gate was found locked at the spot at AKM brick Kiln Village Tipra. It is further informed that all the labourers and their children were found roaming freely. During the investigation the statements of the independent witness i.e. Manu Sharma, Babu Ram, Arjun Singh and Ramesh Chand were also recorded. The copy of statements is annexed herewith as Annexure R/2, R/3, R/4, R/5, R/6. As per the report, no crime was found to have occurred in the said spot. The complainant Shri Mukesh Kumar and his fellow workers and their family Members were handed over by the Police to their Advocate Mr. Sanjay Singh on 08.02.2025. In view of the facts narrated above, it is prayed to take this affidavit on record in the interest of justice.” 3. To substantiate the contents of the affidavit, documents have also been annexed including the statement of one Shri Sanjay Singh, claiming to be an Advocate of the labourers, wherein, he has stated that labourers were handed over to him and therefore, complainant were not interested in any further legal proceedings. In view of above, nothing survives to be adjudicated. Accordingly, petition is disposed of along with pending miscellaneous application(s), if any. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge April 04, 2025 [Shivender]