TAHIR HASAN Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Report of the Warrant Officer dated 17.03.2016 received. State does not intend to file any reply and relies on the facts detailed in this report.

(2.) Petitioner is the unfortunate father of one Mustain, a young man aged around 27 years, a labourer by profession, who as per the contentions of the petitioner on 05.03.2016 around 9.00 a.m. had left his house for Shahbad (Haryana) for purchasing a buffalo for domestic needs and for which he had taken Rs. 41,000 in cash with him. It is alleged by the petitioner that when his son did not return back in the evening, on 06.03.2016 he started searching for his son at various places including his relations and acquaintances and when he failed to do so he on 09.03.2016 lodged a report with Police Station Gangoh, District Saharanpur (UP), the native place of petitioner, by way of DDR (Annexure P2). It was during the course of events, as has been canvassed by the petitioner that on 11.03.2016 he from his acquaintances received information that on 05.03.2016 in the area of Shahbad they had seen Mustain in the company of Gurcharan Singh, Salinder Singh and Bhisham Singh, respondents No.4 to 6 respectively. It is on the basis of this information, the petitioner on 12.03.2016 went to Police Station Shahbad, District Kurukshetra where on enquiry the police initially promised to release his son but thereafter did not provide him any information and rather abused the petitioner and threatened him and thus, apprehending that his son might have been eliminated by the police of Police Station Shahbad, had moved the office of Superintendent of Police, District Kurukshetra by way of complaint (Annexure P3) and hence sought prayer by way of writ petition for habeas corpus seeking production/release of his son from the alleged detention of Police Station Shahbad under respondents No.2 and 3.

(3.) This Court vide orders dated 16.03.2016 had appointed a Warrant Officer, who submitted his report. The same illustrates that an incident has taken place during the intervening night of 5th and 6th March, 2016 when members of Gau Raksha Dal headed by Harbhajan Singh son of Sarup Singh resident of village Dau Majra, District Kurukshetra along with others had accosted a vehicle make Mahindra Pick-up bearing registration No.UP-11T-9236 carrying five cattle and the members of the Gau Raksha Dal had blocked the road leading to firing of shots and that the occupants of the vehicle ran away, regarding which FIR No.124 dated 06.03.2016 under Section 11 of the Prevention of Cruelty to Animals Act read with Section 307 IPC and Section 25 of the Arms Act was registered at Police Station Shahbad.