COURT ON ITS OWN MOTION Vs. BHAGWAN SINGH CONSTABLE
LAWS(P&H)-1983-4-36
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 18,1983

COURT ON ITS OWN MOTION Appellant
VERSUS
Bhagwan Singh Constable Respondents

JUDGEMENT

A.S.BAINS, J. - (1.) IN Habeas Corpus Petition (Cr. W. No. 18 of 1981) filed by Jagdish Raj against S.I. Pritam Singh, one of the respondents, Warrant Officer was appointed to effect service on the respondent and also to effect search of the Police Station Majitha as the allegation in the Habeas Corpus Petition was that Smt. Tarsem Rani, Ashok Kumar and Hazari Lal were taken into illegal custody by the S.H.O. and were not produced before any Magistrate. They Warrant Officer in compliance with the orders of the Court went to the Police Station Mamjitha. He was not allowed to enter the Police Station for about one hour and fifteen minutes by Bhagwan Singh constable No. 2998 (now respondent No. 1) and it was only thereafter that he was allowed to enter the Police Station and then he found Smt. Tarsem Rani and Ashok Kumar detenus locked in the Police Station, but Hazari Lal detenu was let off by the Police in the evening on that day.
(2.) NOTICE to constable Bhagwan singh was issued under the Contempt of Court Act for 7th February, 1983, on which date, he did not appear and bailable warrants were issued for 21st February, 1983, to procure his presence. On that date he appeared in the court but the case was adjourned for 7th March, 1983 at the request of the counsel for the respondent. He filed his affidavit and, according to him, the keys were not with him but were with the Munshi and, therefore, he could not open the main gate for one hour and 15 minutes. Notice of contempt was then also issued to Moharrir Constable Gurmej Singh (respondent No. 2) for 18th March, 1983, on which date he did not appear and bailable warrants were issued against him to procure his presence on 25th March, 1983. On that date, he appeared and filed his affidavit and, according to him, the keys of the main gate were with Moharrir Head Constable Narjit Singh and not with him.
(3.) NOTICE of contempt was then issued to Narjit Singh, Moharrir Head Constable and also to S.I. Pritam Singh, S.H.O. for 8th April, 1983, on which date they appeared in the Court and the case was adjourned to 12th April, 1983 at their request.;


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