GURMIT SINGH Vs. S.I. YOG RAJ SHARMA

JUDGEMENT

(1.) BY this order, I dispose of Crl. WP 809 of 1998 (Gurmit Singh v. S.I. Yog Raj) and Crl. Misc. No. 24788-M of 1998 (Gurmit Singh v. State of Punjab and others), as in the opinion of this court, both the petitions can be disposed of by one order.

(2.) GURMIT Singh filed Crl. WP 809 of 1998 under Article 226 of the Constitution of India seeking directions of this court in the nature of habeas for the release of Bikkar Singh son of Joginder Singh, who according to the petitioner was in the illegal custody of SHO, Police Station, Guru Harsahai. Warrant Officer was appointed vide orders dated 17.6.1998. Gian Singh, Warrant Officer, raided the said police station on 18.6.1998 at 11.45 a.m. and the report of the Warrant Officer was that he found the alleged detenu Bikkar Singh standing in the barracks of the said Police Station and the alleged detenu was identified by his brother Jaspal Singh. The Warrant Officer further stated that he entered the reporting room and took into possession the Roznamcha but no case whatsoever was found registered against the alleged him. After recording an entry regarding his arrival, he returned, Roznamcha was returned to the M.H.C. on duty. Finally, Bikkar Singh was got released by the Warrant Officer in pursuance of the directions of this court.

(3.) IN the reply, which has been filed by the State to the Crl. Misc., a particular stand has been taken that "The presence of alleged detenu Bikkar Singh in the premises of police station Guru Harsahai on 18.6.1998 appears to be a part of a sinister design to harm the reputation and that the Warrant Officer has made no entry or any report in the roznamcha/daily diary maintained in the police station Guru Harsahai on 18.8.1998 when the Warrant Officer raided the premises of the police station Guru Harsahai and allegedly found detenu Bikkar Singh to be present in the police station Guru Harsahai."