TEK CHAND Vs. S P KURUKSHETRA AND OTHERS

JUDGEMENT

(1.) This criminal writ petition under Article 227 of the Constitution of India is for issuance of writ in the nature of Habeas Corpus for release of petitioner's son Satish Kumar, who was stated to be illegally detained by the police officials of Police Station Pehowa, Distt. Kurukshetra.

(2.) Vide order dated 26.09.2012, this Court had appointed a warrant officer for release of the detenue-Satish Kumar,who had conducted a raid and submitted his report dated 03.10.2011. In his report, he has stated that he along with petitioner reached police Station Pehowa on 27.09.2011 at 4.05 P.M. They entered the police station and went to the room of MHC. The Warrant Officer made necessary entry in Roznamcha at Sr. No. 17 on 27.09.2011 at 4.05 P.M. He started searching the premises of police Station.

(3.) In the meantime, SHO Yashwant Singh came out from his office. He asked him about the detenue-Satish Kumar who told that no person by the name of Satish Kumar is in the police Station. After searching the ground floor, he went to the first floor and saw one person sitting on one of the seven beds in the room. He asked him about his identity and told him that his name is Satish Kumar. Petitioner-Tek Chand also came to the first floor and recognized his son. No police official was present in that room. The detenue was tied with an iron chain having little thickness usually used for tying calf/dog. The iron chain was connected with window grill on one side and other side was tied with his right ankle. The Warrant Officer was informed that the detenue was relative of Head Constable Inspector Singh. At that time, Head Constable Inspector Singh was not present in the police Station.