MADH BEHERA vs THE STATE OF PUNJAB - 2024-07-23

O R D E R

We have heard learned counsel for the respective parties .

During the course of submission, learned Additional Advocat e General appearing for the State of Punjab brought to our notice th e following documents :

(a) Custody certificate dated 24.02.2024 issued by th e Superintendent of Police, Central Jail, Amritsar stating tha t as per the jail record the accused whose name is Harish Beher a @ Harish Chander, son of Madho Chander was admitted in respec t of FIR No.38 dated 12.08.2011 under Section 3 of the Officia l Secret Act, P.S. Airport, Amritsar and he was in jail o n 15.08.2011. That he was discharged in the said case by orde r dated 11.11.2013. Consequently, the accused was released o n

11.11.2013 .

(b) Details of entries in register no.01 serial no.895 date d

15.08.2011 which is a translation from Punjabi to Englis h stating that the accused as admitted in jail on 15.08.2011 an d he was discharged on 11.11.2013 and thus released from jail. A copy of the extract from the original jail register is als o produced showing his photograph, his thumb impression .

(c) Learned AAG also pointed out to the record of proceeding date d

09.03.2017 in 658/2014 before the learned Judicial Magistrat e First Class wherein it has been recorded as under :

“ APP for the State .

Accused Harish Chander P O The Ld. APP for the state closed the prosecutio n evidence U/s 299 Cr.PC vide a separate statement t o this effect. Now, file be consigned to the record roo m and the same will revived as and when the accused i s again arrested or he himself surrender in the Court . The bail order, bail bonds and surety bonds ar e canceled and forfeited to the State .

The Ahlmad of this court is directed to separat e the surety proceedings from the main file. Let, notic e to surety of accused Harish Chander be issued fo r

09.04.2017. “

He submitted that the aforesaid documents would indicate tha t the accused was released on 11.11.2013 and thereafter in th e proceedings in 658/2014, it has been recorded that the accused ha s not been arrested and neither has he surrendered before the Cour t and therefore, it is evident that the accused is not in custody . Thus, this Habeas Corpus petition would not call for furthe r orders .

In response to this, learned counsel for the petitioner, n o doubt, submitted that the proceedings of the learned Judicia l Magistrate First Class dated 09.03.2017 has been produced by hi m and the said proceedings would indicate that he was neithe r arrested nor did he surrender in respect of the aforesaid offence .

However, his contention was that subsequent to his release o n

11.11.2013, the Police had again arrested him and the whereabout s of Harish Behera @ Harish Chander the accused is not known .

He submitted that the charge-sheet was filed under Section 44 7 of the Indian Penal Code and it is not known as to what ha s happened to those proceedings and whether it has led to hi s conviction or acquittal .

Having perused the aforesaid documents and hearing the learne d counsel for the respective parties, at the outset, we would opin e that the aspect whether accused was convicted or acquitted in cas e no.658/2014 is not the subject matter of this writ petition. Eve n according to the learned counsel for the petitioner, the fac t remains that after his release on 11.11.2013, there was a charge - sheet filed as against him in respect of Section 447 IPC in 201 4 and he is not able to state as to whether this proceeding in cas e no.658/2014 is in regard to that .

But on perusal of record of proceeding dated 09.03.2017, it i s evident that the accused was neither arrested nor kept in custod y in respect of the aforesaid case .

We had also directed the learned Member Secretary of th e Amritsar District Legal Services Authority to ascertain from th e Central Jail, Amritsar the whereabouts of Harish Behera @ Haris h Chander by making inquiries from the jail authorities. The repor t of the learned Member Secretary is also on record which als o confirms the fact that the accused was admitted as an under-tria l in Amritsar Jail in case FIR No.38 dated 12.08.2011 under Section 3 of the Official Secrets Act, 1923 P.S. Airport, Amritsar and wa s released on 11.11.2013 on being discharged in case FIR No.38/2011 .

It is also stated that insofar as the offence under Sectio n

447 of the IPC is concerned, the accused did not appear in the sai d proceeding on 02.01.2017 and was declared proclaimed offender o n

09.03.2017 and the file was consigned to the Judicial Record Room .

Thus, the report of the learned Member Secretary also i s consistent with what has been submitted by learned AAG wit h reference to the aforesaid documents .

In view of the above, we do not see any purpose in continuin g the present proceeding .

Hence, the writ petition stands disposed .

Pending application(s), if any, shall also stand disposed of .

(KRITIKA TIWARI) (MALEKAR NAGARAJ )

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH )