DIWAN KHAN Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Diwan Khan petitioner has invoked jurisdiction of this court by filing this Habeas Corpus Writ Petition under Article 226 of the Constitution of India alleging that respondent no.3, S.H.O., Police Station Sadar Karnal, in connivance with respondent No.4 Constable Pawan Kumar, picked up petitioner's brother Sartajali on 26.7.2011 and he was released on payment of Rs. 10,000/- to respondent No.4, but again on 28.7.2011, respondent No.4 picked up the aforesaid detenue Sartajali at about 11 A.M. from the fields. Tractor of the detenue was found parked in the Police Station. The petitioner was not allowed to meet the detenue.

(2.) Vide order dated 29.7.2011, Warrant Officer to be appointed by the Registry of this court was directed to search the premises of Police Station Sadar, Karnal or any other place that may be pointed out by the petitioner in order to secure the presence/release of alleged detenue Sartajali.

(3.) Perusal of the report reveals that Sartajali was standing outside the entry gate of Police Station in open area and there was no Sentry on the entry gate. Thus Sartajali had not been detained there. Sartajali and the petitioner told the Warrant Officer that the police had picked up Sartajali and one servant on 26.7.2011 and the police later on released the said persons but kept the tractor with them. It also transpired that there was dispute regarding land between the petitioner and Municipal Corporation. Complaints had been made by officials of Municipal Corporation to police against the petitioner party who allegedly wanted to encroach upon the land of Municipal Corporation. Sartajali came to the Police Station and made statement on 26.7.2011(Annexure P-5 with report of Warrant Officer) undertaking to produce documents and persons concerned regarding the land in question but instead of doing so, the instant writ petition was got filed.