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2026 Supreme(Online)(P&H) 2081

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MOHAMMAD AYYUB – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

229 CRWP-1493-2026 Decided on :13.02.2026 Mohammad Ayyub ......Petitioner Versus State of Haryana and others ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: None for the petitioner Mr. Pawan Kumar Jhanda, Sr. DAG Haryana ***

SANJAY VASHISTH, J. (ORAL)

1. Petitioner - Mohammad Aayub, has filed instant petition for issuance of a writ in the nature of Habeas Corpus for appointment of a 'Warrant Officer', with the roving writ to search for the detenue, namely, 'Aadil', who is son of the petitioner, from the alleged illegal custody of police officials CIA, Sector 39, Gurugram (respondent No.4).

2. On 07.02.2026, the following order was passed:

“1. Petitioner - Mohammad Aayub, has filed instant petition for issuance of a writ in the nature of Habeas Corpus for appointment of a 'Warrant Officer', with the roving writ to search for the detenue, namely, 'Aadil', who is son of the petitioner, from the alleged illegal custody of police officials CIA, Sector 39, Gurugram (respondent No.4).\

On the very outset, it is pointed out by learned counsel for the petitioner that in paragraph No.2 of the instant petition, the date has been inadvertently typed as 06.02.2025, whereas, the correct date of detention of the detenue is 2. Learned Counsel for the petitioner contends that on 06.02.2026 at around

4:00 P.M., when the detenue along with his three friends was coming back from Manali/Kufri in a car, they were stopped at COCO Petrol Pump near Badali exit on the KMP Expressway, by some persons, who were not in uniform, nor in any Government vehicle, but pretending themselves from the CIA staff, Sector 39, Gurugram. They demanded Rs.5.00 lakhs from the son of the petitioner and his three friends. Three hours thereafter, they released the friends of the detenue, on the pretext that detenue - Aadil will be released after payment of the demanded money of Rs.5.00 lakhs, otherwise, all the four will be implicated in a false criminal case.

After reaching home, friends of the detenue narrated the entire incident to the petitioner. In this way, the life and liberty of the detenue is in danger, and there is every likelihood that he will be implicated in a false criminal case(s). As per information of the petitioner, his son – Aadil (detenue) is still in the illegal custody of the CIA staff, Sector 39, Gurugram. Thus, prays for appointment of a warrant officer to search at the places to be pointed out by the petitioner and to get release the detenue from the illegal detention.

3. Notice of motion for 13.02.2026.

4. In the meantime, Registry of this Court is directed to appoint a Warrant Officer on payment of usual charges, who shall visit the place(s) of detention of the alleged detenue, and if found in illegal detention then to get him released immediately after recording his statement.

The Warrant Officer shall submit his detailed report in that regard on or before the date fixed by this Court, for further consideration.”

3. Registry of this Court has reported as under:

R/Sir.

That the undersigned has filed CRWP No. 1493 of 2026 for releasing the detenue which is came up for hearing on 07-02-2026. the Hon'ble Court appointed warrant officer and notice of motion for 13-02-2026. Further, the petitioner has informed the undersigned that detenue has been arrested and has been produced before the court.

Hence the petitioner does not want to avail the services of Warrant Officer.

Thanking you Mr. Zeeshan Khan, Advocate for the petitioner”

4. In view of the fact that the detenue has already been arrested and produced before the Court, no cause of action survives in the present petition.

5. The petition is dismissed.

13.02.2026 (SANJAY VASHISTH)

reena JUDGE

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