IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Mohit Guglani - Appellant
Versus
State Of Haryana & Ors. - Respondents
CRWP No. 8308-2021 (O&M)
Decided On : 20-09-2021
HABEAS CORPUS - Multiple FIRs and Illegal Detention - IPC, Passport Act, IT Act - Sections 467, 468, 471, 120-B IPC, 12, 12(1)(B) of Passport Act, Section 71 of IT Act
Fact of the Case:
The petitioner sought a writ of habeas corpus for release from custody in relation to multiple FIRs under various sections of the IPC, Passport Act, and IT Act. The petitioner argued that the repeated registration of FIRs and arrests were illegal and his custody should be deemed illegal.
Finding of the Court:
The court found that the allegations in the FIRs indicated the petitioner's active involvement in conspiracy with criminals to prepare fake documents and passports. The court dismissed the petition, stating that the petitioner's detention was in pursuance of a remand order and that the petition for habeas corpus was not maintainable.
Issues: The issues revolved around the legality of the repeated registration of FIRs, the petitioner's detention, and the maintainability of the petition for habeas corpus.
Ratio Decidendi: The court held that the repeated registration of FIRs did not violate the petitioner's rights under Article 21 of the Constitution of India. It also found that the petition for habeas corpus was not maintainable in the given circumstances.
Final Decision: The petition for habeas corpus was dismissed by the court.
JUDGMENT
Arvind Singh Sangwan, J. (Oral). - On oral request of learned counsel for the petitioner, the main case is taken up for hearing for today itself.
Annexures A-1 to A-3 attached with CRM-W-1125-2021 are taken on record.
Prayer in this petition is for issuance of a writ in the nature of habeas corpus directing the official respondents to release the petitioner, who is presently confined in District Jail, Kurukshetra, in pursuance to his arrest in FIR No.96 dated 20.04.2021 under Sections 467, 468, 471, 120-B IPC and Sections 12, 12 (1)(B) of Passport Act and FIR No.118 dated 13.05.2021 under Sections 420, 467, 468, 471, 120-B IPC and Section 71 of Information and Technology Act, both registered at Police Station City Pehowa, District Kurukshetra as well as to quash the remand order dated 31.05.2021 and the order dated 05.07.2021 passed in aforesaid FIRs by the Illaqa Magistrate respectively, being illegal and erroneous.
Learned counsel for the petitioner submits that the petitioner stands arrested in five FIRs, details of which are given as below: -
Sr. No. | FIR No. | Registration Date | Date of arrest of the petitioner | Status |
1. | FIR No.63 against Harmanjit Singh | 23.03.2021 under Sections 420, 467, 468, 471 IPC and Sections 12, 12(1)(B) of Passport Act Complainant - SSP, Amritsar | 17.04.2021 | Challan presented on 11.06.2021 and the petitioner is on bail vide order dated 17.06.2021 passed by SDJM, Pehowa |
2. | FIR No.70 against Yuvraj Singh | 31.03.2021 under Sections 420, 467, 468, 471 IPC and Sections 12, 12(1)(B) of Passport Act Complainant - Naveen Puri | 07.05.2021 | Challan presented on 05.07.2021 and the petitioner is in custody |
3. | FIR No.95 against Harender Singh | 19.04.2021 under Sections 420, 467, 468, 471, 120-B IPC and Sections 12, 12(1)(B) of Passport Act Complainant - ASI Gurdev Singh | 19.04.2021 | Challan presented on 17.06.2021 and the petitioner is on bail vide order dated 01.07.2021 passed by ASJ, Kurukshetra |
4. | FIR No.96 against Sukhbir Singh son of Balbir | 20.04.2021 under Sections 420, 467, 468, 471, 120-B IPC and Sections 12, 12(1)(B) of Passport Act Complainant - ASI Randhir Singh | 31.05.2021 | Challan presented on 29.07.2021 and the petitioner is on bail vide order dated 23.08.2021 passed by ASJ, Kurukshetra |
5. | FIR No.118 against 11 persons on the basis of disclosure statement of | 13.05.2021 under Sections 420, 467, 468, 471 IPC and Section 71 of IT Act Complainant - SI Baljit Singh | 05.07.2021 | Challan yet to be and the petitioner is in custody |
| Mohit Guglani |
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Learned counsel for the petitioner further submits that the allegations levelled in all five FIRs are similar in nature and are arising out of the same incident, therefore, repeated registration of the FIRs or repeated arrest of the petitioner is illegal and his custody is also illegal and he should be released from the custody by issuing a writ in the nature of habeas corpus. It is further submitted as under: -
(a) FIR No.63 was got registered on a complaint given by SSP, Amritsar with the allegations that one Harmanjit Singh, arrested by Amritsar Police, is a gangster and during investigation, it has come to notice of the police that said gangster Harmanjit Singh got a passport bearing No.T388936 issued from Passport Office, Chandigarh and address mentioned on the same is Ward No.14, Fauji Plot, Pehowa, Kurukshetra. On verification, it was found that address of the gangster was found to be fake and he obtained the passport on the basis of fake documents, therefore, action be taken against the person, who has prepared the fake documents.
(b) Later on, the petitioner was arrested in FIR No.70 got registered by one Naveen Puri with the allegations that the petitioner is habitual in preparation of fake passports by preparing false and fake documents and is helping the criminals in running away from India, by charging huge amount. Certain instances have been given in the FIR, wherein the persons, who are involved in FIR under Section 307 IPC, were helped by the peti
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