P&H HC | Court refuses to interfere in the matter where detenue lawfully detained

Punjab and Haryana High Court

Punjab and Haryana High Court: Petitioner had filed the Criminal writ petition before a Bench of Inderjit Singh, J. under Article 226 of the Constitution of India seeking relief in the nature of habeas corpus for the release of detenue along with a truck which was alleged to be illegally detained by respondents.

Facts of the case were that by an order of this Court, Warrant Officer was appointed. The officer was directed to visit the place where the detenue was alleged to be detained illegally and if he finds the custody to be illegal the detenue was to be released. In consequence of the order, a report was submitted by the Warrant Officer stating that the detenue was not found in the police custody when the raid was done. But the truck was taken by the police as the registration certificate was fake and FIR under Sections 420, 467, 468, 471 and 120-B of the Penal Code was registered at Police Station Sanaur.

High Court in view of the above-submitted report, found no reason to interfere in this matter. [Gurmit Kaur v. State of Punjab, 2019 SCC OnLine P&H 76, decided on 30-01-2019]

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