Parvesh vs State Of Haryana And Others
2023 Latest Caselaw 12137 P&H

                   CRWP No. 7784 of 2023                                1                         2023:PHHC:101302

                   130                IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH

                                                                            CRWP No. 7784 of 2023
                                                                            Date of Decision: 07.08.2023


                   Parvesh                                                                ...Pe   oner

                                                           Versus

                   State of Haryana and others                                            ...Respondents


                   CORAM:             HON'BLE MR. JUSTICE ANOOP CHITKARA

                   Present:           Mr. Aditya Partap Singh, Advocate for the pe    oner.

                                      Mr. Manish Bansal, Sr. D.A.G, Haryana.

                                                           ****
                   ANOOP CHITKARA, J.

Seeking release of the alleged detenu, the pe oner has come up before this Court under Ar cle 226 of the Cons tu on of India.

2. No ces 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 no ces to the private respondents is required.

3. The allega ons regarding illegal deten on are stated in paragraphs no. 2 of the pe on 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 Sub Divisional Magistrate, either on its own or through a warrant officer or any other officer authorized by the DM/SDM, visit the place of deten on and, if the persons are found to be in illegal custody, ensure their immediate release, subject to verifica on, that there are no malafide inten ons and the custody is bonafide, apart from other aspects which would require considera on. If such an officer needs police assistance, the SHO of the concerned police sta on(s) shall provide it.

4. This pe on is closed with the direc ons men oned above, which are to be complied with on a priority. It is clarified that there is no adjudica on 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 interroga on of the alleged 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.

JYOTI
2023.08.07 15:00
I attest to the accuracy and

                    CRWP No. 7784 of 2023                           2                     2023:PHHC:101302

5. There would be no need for a cer fied copy of this order, and any Advocate for the Pe oner and State can download this order and other relevant par culars from the official web page of this court and a est it to be a true copy. The concerned officer can also verify its authen city and may download and use the downloaded copy for immediate use.

Pe on is allowed to the extent men oned above. All pending applica ons, if any, stand disposed.

                                                                                (ANOOP CHITKARA)
                                                                                    JUDGE
                   07.08.2023
                   Jyo -II


                   Whether speaking/reasoned:         Yes
                   Whether reportable:                No.




JYOTI
2023.08.07 15:00
I attest to the accuracy and