Punjab-Haryana High Court
Harish Kumar And Another vs State Of Punjab And Others on 1 March, 2025
LAVISHA
2025.03.03 17:30
I attest to the accuracy and
SUN PHHC IIS
105
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-W-256-2025
IN/AND CRWP-1789-2025
DECIDED ON: 01.03.2025
HARISH KUMAR AND ANOTHER... PETITIONERS
VERSUS
STATE OF PUNJAB AND OTHERS --__...... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present: Mr. Navkiran Singh, Advocate,
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
SANJAY VASHISTH, J(QRAL)
1. Criminal miscellaneous application i.e. CRM-W-256-2025
has been moved by the applicant/petitioner, for directing learned Sessions
Judge, Jalandhar, to conduct an inquiry into the allegations of false
implication, abduction, torture, and illegal detention of detenue, namely,
Rajiv Sharma, son of Daya Nand Sharma as well as illegal detention and
torture of petitioner No.2, namely, Sanjiv Kumar Gupta, at the hands of
Crime Branch Unit, situated near Police Station Division No.5, Jalandhar,
and SHO Police Station Division no.1, Jalandhar, by joining hands with
SHO Police Station Market, Bidar Town Circle, Karnataka.
While hearing the arguments in CRM-W-256-2025, and on
oral request made by counsel for the applicants/petitioners, date of
hearing in the main case, i.e. CRWP-1789-2025, which is fixed for
11.03.2025, is preponed for today itself. Accordingly, main petition is
taken on Board today i.e. 01.03.2025, for final disposal.
2. Report of Warrant Officer dated 24.02.2025, in a sealed
cover is already on record and has been got opened through the Court
authenticity of this order/judgment
Punjab & Haryana High Court,
Chandigarh
CRWP-1789-2025 (O&M) -2-
Secretary. Said report comprises of three copies i.e. one original and two
photocopies.
Copy of the said report in original, is taken on record. And,
photocopy of the said report is handed over to counsel for the petitioners
today.
This Court has carefully perused the report. Concluding part
of the said report in the extracted form is reproduced here under:-
"Conclusion
It is submitted that in Para No.2 at page 1, Sub-
Inspector Siddanna B.Girigoudar, Police Station
Market, Bidar (Karnataka) clearly stated that case
regarding Rajiv Sharma who has been taken from
Punjab is being handled with some other officer.
Whereas Inspector-PM. Hiremat had denied to have
Rajiv Sharma (detenue) in their custody and flatly
refused to supply DD Entry with regard to visit of
Warrant Officer at Police Station, Bidar.
A document No.2 i.e. G.D. No.003 dated
17.02.2025 (Annexure W-3) as received from the
SHO/Inspector Ajaib Singh, Police Station Division
1, Jalandhar clearly reveals that Karnataka Police has
arrested Rajiv Sharma (detenue) from his house at
Jalandhar on 17.02.2025 and took him in Karnataka.
Thus, it is clear that Rajiv Sharma is in the custody of
Karnataka Police in case FIR No.04 dated 16.01.2025
(in Kandahar language) registered at Police Station,
Bidar (Karnataka).
Report is submitted for kind perusal of His
Lordship, please."
3. As per the said report, detenue Rajiv Sharma is in custody of
the Karnataka Police, in case, FIR No.04, dated 16.01.2025, (in Kandahar
language) {Kannada language?}, registered at Police Station Bidar
(Karnataka).
4. Learned counsel for the petitioners insisted to issue
necessary directions to the Karnataka Police to file status report in the
matter.
5. In the given circumstances, it is observed that once the
alleged detenue is shown to have been arrested in a criminal case
registered in the State of Karnataka, this Court does not have the
authenticity of this order/judgment
CRWP-1789-2025 (O&M) -3-
jurisdiction to issue any directions or mandate to authorities outside its
territorial jurisdiction. Accordingly, main petition i.e. CRWP-1789-2025,
stands disposed of, at this stage.
6. Further, no order or direction is required to be passed in the
application, i.e. CRM-W-256-2025, and hence, the same is also disposed
of.
However, liberty is granted to the petitioners to pursue the
remedy as may be available to them, as per law.
(SANJAY VASHISTH)
01.03.2025 JUDGE
Lavisha
Whether speaking/reasoned _--_ Yes/No
Whether reportable Yes/No
authenticity of this order/judgment
