SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present case stands registered on the basis of the enquiry conducted by Superintendent of Police (Crime), Punjab. The facts in brief are that accused Balwinder Singh son of balwant Singh, Balwinder Singh son of Darshan Singh, Paramjit singh son of Harbhajan Singh, Mangat Singh son of Ishar Singh and Rajan son of Jawala Singh were taken in custody by Gharonda Police in case fir no.50 of 1993 under sections 458,380 IPC. On 28.8.1993, Sarwan singh petitioner who was posted as ASI in Police Station Sohana, obtained the transit remand of all the aforesaid accused from Judicial court at Karnal in case FIR No.28 dated 22.7.1993, registered at police station Sohana under section 379 IPC for theft of scrap and were lodged in Police Station, Sohana. On 29.8.1993, they were produced before sdjm, Kharar and were remanded to police custody upto 30.8.1993, on which date, they were again produced before the concerned court and were again remanded to police custody upto 1.9.1993. On the night intervening 31.8.1993 and 1.9.1993, Sarwan Singh asked MHC Garja singh petitioner to bring all the accused out of the lock-up. Constable hari Krishan petitioner was also on duty in the Police Station. The aforesaid accused were not present in the lock up. In this regard a case fir No.31 dated 1.9.1993 was registered under section 224 IPC at police Station Sohana. Ultimately, on 29.9.1993 accused, Mangat singh, Rajan and Paramjit Singh were shown to have been arrested by kharar police in the aforesaid case but the remaining two accused, namely, Balwinder Singh son of Balwant Singh and Balwinder Singh son of Darshan Singh were declared as proclaimed offenders.

(2.) Aforesaid Mangat Singh, Pramjit Singh and Rajan were ultimately acquitted in the theft case. Records of Crl. Misc. No.12511-M of 2006 reveal that manjit Kaur wife of Balwinder Singh son of Balwant Singh had knocked the doors of this Court vide Crl. Writ Petition No.1071 of 1996 alleging that her husband had died in illegal custody of the police and therefore, the matter should be inquired into. The said writ petition ultimately stands disposed of by this Court on 19.1.2006, observing thus:-

(3.) In view of the aforementioned reply, no further order need be passed. The present application stands disposed of accordingly.