JUDGMENT - J.N. PATEL, J.:---The petitioner, who is a journalist and working as reporter of Daily Hindusthan published from Amravati, is a resident of Malkapur town in Buldana district. The petitioner was required to invoke the extraordinary jurisdiction of this Court by filing the petition under Articles 226 and 227 of the Constitution of India as he came to be arrested and detained in custody under the impugned order passed by the respondent No. 2-Special Executive Magistrate and Police Inspector, Local Crime Branch, Buldana, District Buldana on 23-10-1999 in a proceedings initiated under Chapter VIII of the Code of Criminal Procedure, 1973.

2. It is the case of the petitioner that, as a journalist, he exposed the police machinery of Malkapur Police Station on having taken up some matters criticising the mal-practice and high handedness of the police personnel. One of such matter was relating to sensational murder case in Malkapur town which occurred in the month of September 1999. It is the case of the petitioner that, annoyed by such publications, the respondent Nos. 3 to 6 started harassing the petitioner and also booked him in a false case. On 24-9-1999, the petitioner was threatened by respondent No. 4 Shri S.M. Jagdale, Police Sub-Inspector and, therefore, the petitioner approached City Police Station, Malkapur for lodging a complaint, but his complaint was not accepted and therefore he forwarded the complaint to the S.D.P.O., Malkapur and forwarded copies of the same to the authorities. The petitioner expressed that there was eminent danger to his life and personal liberty as he has been threatened by respondent No. 4. Instead of taking cognizance of the complaint, the respondents police officials, out of vengeance, accosted the petitioner on 24-10-1999 at 10.30 p.m., when he was going to visit his relative, on his way. The respondent No. 6, Police Constable Baban Sangade, along with the Police Officers who are joined as respondent No. 3 to 5 mercilessly beaten the petitioner in Police Station, Rural, where respondent No. 6 Baban Sangade is attached and posted, because of which the petitioner suffered injury to his right eye and other parts of the body. According to the petitioner, it is respondent No. 6 Baban Sangade who accosted the petitioner while he was going to visit his relative on his vehicle at Harikiran Society, Malkapur and brought the petitioner to Police Station, Rural, Malkapur and informed respondent Nos. 3 to 5 on telephone and it is in the Police Station, Rural that all these persons mercilessly assaulted the petitioner. In support of his contention, the petitioner has placed on record photograph at Annexure 'C' and 'A-1'. It is the case of the petitioner that while assaulting the petitioner, he was threatened by respondent Nos. 3 to 6 that if he does not stop giving news against them, they will not leave him alive. Thereafter the petitioner was taken to City Police Station and there again respondent Nos. 3 to 6 along with the other staff on duty, assaulted the petitioner and he was detained in lock up. Thereafter the petitioner was taken for medical check up to Medical Officer of Cottage Hospital, Malkapur who advised to take the petitioner to Buldana for immediate medical treatment. But, instead of doing so, the petitioner was brought back to Police Station and by threat and under duress, obtained in writing that the petitioner wants to take medical treatment in private hospital and the petitioner was released.

3. It is submitted by the petitioner that a false complaint came to be registered against the petitioner for having committed an offence under section 353 of the Indian Penal Code and so on and that the petitioner was illegally detained on summoning him to the Police Station on the pretext of taking him to Buldana hospital for further medical treatment (Annexure 'D'). The petitioner came to be produced before the Special Executive Magistrate (respondent No. 2) on 23-10-1999, who is a Police I

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