LAWS(P&H)-2011-8-375

BALJINDER KAUR Vs. STATE OF PUNJAB

Decided On August 12, 2011
BALJINDER KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Application sent by Baljinder Kaur by post to Hon'ble the Chief Justice of this Court has been registered as instant Criminal Writ Petition and listed on the judicial side. It is alleged in the application that ASI Harbhajan Singh, Head Constable Kaurjit Singh and 4/5 other police officials raided the house of the petitioner on 9.6.2011 and illegally and forcibly took away petitioner's husband Gian Singh along with an amount of Rs.1,00,000/- approximately. Gian Singh's brother Harbans Singh and one Princi Singh followed the police party who took Gian Singh to Police Station Nathana and when condition of Gian Singh became serious, the police officials left him in Civil Hospital, Bhucho Mandi from where, he was removed by Harbans Singh and Princi Singh to Civil Hospital, Bathinda where he was under treatment when this application dated 10.6.2011 was sent.

(2.) Reply on behalf of State of Punjab filed today in Court by State counsel is taken on record subject to all just exceptions. Averments made in the application have been denied in the reply. It is alleged that petitioner's husband is habitual offender against whom many cases as detailed in the reply have been registered. However, he was convicted in one case registered on 7.8.2003 whereas another case registered on 24.1.2009 is pending trial and he has been acquitted in all other cases registered against him as mentioned in the reply.

(3.) It is also alleged that Harbhajan Singh had left Police Post Bhucho Mandi at about 1.30 P.M. on 9.6.2011 and came back to the Police Post at 11.40 P.M. after investigating FIR against Brij Lal etc. whereas HC Kaurjit Singh proceeded to Police Station Nathana at 9 A.M. on 9.6.2011 to produce Jagjit Singh and Sukhchain Singh accused in the Court at Bathinda and he came back at 1 P.M. It is also alleged that as per information obtained from Area Hospital, Bhucho Mandi, Gian Singh was neither admitted there nor treated as OPD patient on 9.6.2011.