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2006 DIGILAW 2614 (PNJ)

Daljit Kaur Alias Harjit Kaur v. State Of Punjab

2006-07-07

body2006
Judgment 1. Prayer in the present petition, filed under Sec.482 of the cr. P. C, is for the issuance of directions to respondents No.2 and 3, to register a criminal case against respondents No.4 to 6, for illegally detaining jagmohan Singh, the petitioners husband. 2. The petitioner alleges that her husband was illegally detained by respondents No.4 to 6, on the night of 3/ 4.7.2002. Crl. W. P No.785 of 2002 was filed in this Court. A Warrant Officer was appointed to visit police Station Quadian. The petitioners husband was found in illegal detention, as is apparent from the Warrant Officers report, dated 6.7.2002, which is reproduced as follows :- "in compliance with the order dated 4.7.2002 passed by HON BLE Mr. Justice K. S. Grewal in the above noted petition, on 5.7.2002 at 7.30 PM, I alongwith the petitioner raided police station Quadian, Distt. Batala. When I entered the police station, I disclosed my identity to Constable Gurdev Singh No.314 who was present at the gate of the police station. I requested Constable gurdev Singh not to allow any one to enter the police station. Then I alongwith the petitioner reached the room of MHC and signed the last entry in the roznamcha and when I came out of the room of the MHC, three police officials were pushing Sh. Jagmohan Singh the alleged detenue towards the gate. When I asked the police officials as to why they are pushing Sh. Jagmohan Singh, detenue and in reply, the stand of the police official was that since Sh. Jagmohan Singh had forcibly entered the police station and as such they were pushing him towards the gate. I checked the roznamcha and no case FIR or ddr was found registered against Sh. Jagmohan Singh and this fact is also confirmed by SI Bhagwant Singh, addl. SHO, ASI Kashmir Singh and MHC Tarsem Singh. Sh. Jagmohan Singh left the police station in my presence and accompanied the petitioner. Regarding my arrival and departure entry no.20 dated 5.7.2002 was made in the roznamcha. Service on SHO PS Quadian was effected and notice is enclosed herewith. " 3. SHO, ASI Kashmir Singh and MHC Tarsem Singh. Sh. Jagmohan Singh left the police station in my presence and accompanied the petitioner. Regarding my arrival and departure entry no.20 dated 5.7.2002 was made in the roznamcha. Service on SHO PS Quadian was effected and notice is enclosed herewith. " 3. Vide order dated 9/12/2002, the aforementioned writ petition was disposed of, in the following terms :- "senior Superintendent of Police, Gurdaspur is directed to take appropriate action in view of findings recorded in the report of the Warrant Officer dated 6.7.2002 a copy of which will be sent to him by the registry. The SSP will take a decision within three months from the date of receipt of a copy of this order. Disposed of. " 4. It appears that despite the aforementioned order, no decision has been taken with respect to the findings, recorded by the Warrant Officer. Though, failure to take a decision, in terms of the order of this Court, amounts to disobedience of the order of this Court, I am of the considered opinion that the Superintendent of Police, Gurdaspur should be granted an opportunity to comply with the order dated 9/12/2002. Consequently, the present petition is disposed of with a direction to the Superintendent of Police, Gurdaspur to look into the findings, recorded by the Warrant Officer, in his report, reproduced herein above, and thereafter proceed, in accordance with law, within a month of the receipt of a certified copy of this order.