The judgment established the interpretation of the scope of powers of the Magistrate under section 116(3) of the Code of Criminal Procedure, the applicability of sovereign immunity, and the necessity for the petitioner to explain the delay in approaching the Court.

JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocate for the petitioners and the learned A.P.P. Perused the records.

2. Complaining about failure on the part of the respondents to protect the fundamental rights guaranteed under Article 21 of the Constitution of India, in relation to the son of the petitioner No. 1, namely Suresh, the petitioners seek direction for investigation through Central Bureau of Investigation regarding the whereabouts of her son Suresh, as well as for grant of compensation to the tune of Rs. 5,00,000/- to the petitioner No. 1.

3. It is the case of the petitioners that the petitioner No. 1 is a widow and Suresh was her eldest son amongst four children, viz. two sons and two daughters. Said Suresh was a student of Vikas Vidyalaya, Shankarapur. While he was in 12th standard, on the basis of a false complaint lodged by Smt. Mamta Dilip Dange, the Police Out Post at Shankarapur arrested Suresh in exercise of powers under sections 151(1), 107 and 116(3) of the Code of Criminal Procedure for taking punitive action. He was produced before Naib Tahsildar of Chimur, District Chandrapur and was ordered to be detained in custody in Cental Jail, Chandrapur, on 29-9-93. With the help of petitioner No. 2 who is a neighbour of the petitioner No. 1, she was able to secure order for release of Suresh from custody on 2-3-94. However, when the petitioner approached the jail authorities with the release order, they were informed that Suresh was not in jail on the said day. Inspite of all efforts on the part of the petitioners, they were unable to find trace of Suresh and, therefore, the petitioners made various representations to the various authorities including National Human Rights Commission but without any fruitful result. Hence the petitioners are compelled to approach this Court for necessary redress in writ jurisdiction.

4. On issuance of a notice to the respondents, an affidavit-in-reply on behalf of the respondent No. 3 came to be filed, disclosing that Prisoner No. 3675 namely Suresh Bhaurao Gaikwad came to be admitted in the Central Prison, Chandrapur on 29-9-93 in view of the order passed by the Executive Magistrate, Chimur, District Chandrapur, under sections 151(1), 107 and 116(3) of Cri.P.C. and his name came to be entered in the Register No. 11 (Gate Register) at page 23. As per the said order dated 29-9-93, Suresh was ordered to be confined in the jail for a specified term i.e. from 29-9-93 to 4-10-93 and his name came to be entered in the Register No. 2 i.e. the register meant for convicted prisoners along with all necessary information recorded in Column Nos. 1 to 27. Copies of Register No. 11 as well as of Register No. 2 with relevant entries have already been placed on the record along with the said affidavit. It is further disclosed that Prisoner Suresh was released on 4-10-93 and necessary entry relating to his release has been entered in the Register No. 4 i.e. release diary maintained as per the provisions of Maharashtra Accounts Manual. It is the case of the respondent No. 3 that Suresh was released on completion of period of confinement for which he was ordered to be detained. It is their further case that his release is also reflected at page 10 of Register No. 11 i.e. the Gate Register for 4th October, 93, the entry having been made at 12.20 hours. It has been further disclosed that the Chandrapur District Prison is a very small prison meant for accommodation of 153 prisoners though the average prisoners population has always been above 500 prisoners. The prison being meant mostly for under trial prisoners, everyday 25 to 30 prisoners are admitted and almost same number of prisoners are released from the prison.

5. The statement of the respondent about release of Suresh on 4-10-93 is sought to be disputed on the basis of letter dated 18-3-94 by Executive Magistrate, Chimur, addressed to the Superintendent of Chandrapur District Prison, Chandrapur, contending that the jail authorities c

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