IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.
W.P.No.812 OF 201.DATE OF DECISION :
4. h MAY, 2013 Sunita ….
Petitioner Versus State of Haryana ….
Respondent CORAM : HON’BLE Mr.JUSTICE L.N.MITTAL **** Present : Mr.Sidharth Sarup, Deputy Advocate General, Haryana.
**** L.N.MITTAL, J.
(ORAL) Telegram sent by Sunita to Hon’ble the Chief Justice of this Court has been treated as the instant Habeas Corpus Criminal Writ Petition.
It is alleged in the telegram that her husband Shankar Dass was picked up by police of CIA Staff, Panchkula and was in illegal custody of Panchkula Police.
Notice issued to petitioner has been received unserved as the house was found locked.
Reply on behalf of State of Haryana, filed today in Court by State counsel, is taken on record, subject to all just exceptions.
It has been asserted in the reply that petitioner’s husband Shankar Dass is known as Shankar Bawria and is king pin of notorious gang of thieves operating in Panchkula and surrounding areas and is involved in many cases of theft and dacoity.
He was wanted in FIR No.73 dated 17.02.2013 of Police Station, Sector-5, Panchkula under Sections 457 and 380 IPC.
But in spite of raids, he could not be arrested.
CRL.
W.P.No.812 OF 201.-2- It is also asserted in the reply that on 06.04.2013 on receipt of information that certain young boys including petitioner’s husband, were sitting in a park and planning to rob cashier of some factory, they were intercepted by the police party but only Lal Singh @ Algu could be arrested and the others escaped.
FIR No.34 dated 06.04.2013 under Sections 399, 402 IPC and Section 25 of the Arms Act was registered in Police Station Sector-20, Panchkula.
House of the petitioner’s husband was raided on the same day at about 6pm but he could not be arrested.
On 07.04.2013 arrested accused Algu after making disclosure statement, got arrested Shankar Dass from Haridwar.
Report of his arrest was also got recorded in Police Station Kotwali Haridwar at 9.30pm.
On 8.04.2013 petitioner’s husband was produced in Court at Panchkula and police remand was granted by the Court.
Learned State counsel, on instructions from Inspector Chattar Singh, stated that FIR No.34 dated 06.04.2013 was registered at 12.40pm whereas the telegram was despatched by the petitioner at 2.28pm i.e.almost two hours after the registration of the FIR.
In view of the facts stated in the reply, instant habeas corpus criminal writ petition is dismissed.
4th May, 2013 (L.N.MITTAL) ‘raj’ JUDGE