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A. S. CHANDURKAR, RAJESH S. PATIL
Sambhaji Achyutrao Patil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
A.S. CHANDURKAR, J.
1. The petitioner, a police officer has filed this writ petition under Article 226 of the Constitution of India raising a grievance that his illegal arrest and detention on 13/03/2013 at the hands of the respondent no. 8-Investigation Officer has resulted in violation of his fundamental rights. The petitioner seeks compensation for his alleged illegal arrest and detention and also conduct of inquiry against the concerned police officers who, according to him, are responsible for his illegal arrest and detention.
2. It is the case of the petitioner that he was discharging duties as an Officer-in-charge of Karad City Police Station from 09/06/2008. On 15/01/2009 First Information Report bearing No. 19 of 2009 under the provisions of Sections 302, 307, 120-B, 201 read with Section 34 of the Indian Penal Code (for short, the Penal Code) as well as under the provisions of the Arms Act, 1919 came to be registered. The petitioner as an Investigation Officer conducted necessary inquiries and filed the charge-sheet within the prescribed time on 13/04/2009. On noticing the need to file a supplementary charge-sheet, the petitioner issued a communication to the Unde
The court established that police officers must comply with statutory requirements before arresting another officer, and failure to do so constitutes a violation of fundamental rights under Article 2....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
The judgment establishes the importance of upholding the rights guaranteed under Article 21 of the Constitution of India and the need for a reasonable basis for arrest under the Cr.P.C.
The court held that without credible evidence, an arrest constitutes a violation of Article 21, and compensation may be awarded for wrongful detention.
The case reinforces the necessity of informing arrestees of the grounds for their arrest and complying with preventive detention laws, establishing that unlawful arrests lead to compensation for viol....
Police must justify arrests under Section 41 CrPC, ensuring compliance with legal standards to protect individual rights.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
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