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Vinod Kumar vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 3 July 2023 · Citation: (2023) 07 P&H CK 0007

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 6503 Of 2023
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Judgment

7 paragraphs · 356 words

Anoop Chitkara, J

1.

Seeking release of the alleged detenu, the peoner has come up before this Court under Arcle 226 of the Constuon of India.

2.

Noces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noces to the priva te respondents is required.

3.

The allegaons regarding illegal detenon are sta ted in paragraphs no. 2 of the petition and prima facie, point towards some restrain . Given above, considering the facts and circumstances peculiar to this case, it shall be appropriate that the concerned District Magistrate, either on its own or through a warrant officer or any other officer authorized by him, visit the place of detenon and, if the persons are found to be in illegal custody, ensure their immediate release, subject to verificaon, that there are no malafide intenons and the custody is bonafide, apart from other aspects which would require consideraon. If such an officer needs police assistance, the SHO of the concerned police staon(s) shall provide it.

4.

This petition is closed with the direcons menoned above, which are to be complied with on a priority. It is clarified that there is no adjudicaon on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogaon of the alle ged detenu is required in any cognizable case. It shall also be open for the pe oner to approach this Court again for any surviving or consequent grievances.

5.

There would be no need for a cerfied copy of this order, and any Advocate for the Peoner and State can download this order and other relevant parculars from the official web page of this court and aest it to be a true copy. The concerned officer can also verify its authencity and may download and us e the downloaded copy for immediate use.

6.

Petition is allowed to the extent menoned above . All pending applicaons, if any, stand disposed.