Executive Magistrate exceeded jurisdiction by ordering detention under Section 107 of CrPC, violating Article 21. Illegal detention entitled petitioner to compensation.

JUDGMENT :

Vaishali Patil – Jadhav, J.

Rule. Rule made returnable forthwith, heard finally with the consent of both parties.

2. This Criminal Writ Petition is filed under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973, seeking directions against respondent nos. 2 and 3 to pay compensation of Rs. 5,00,000/- to the petitioner on the ground that the petitioner was illegally arrested and detained in custody by respondent no. 3, thereby, exceeding the powers vested with him and also violating the fundamental right i.e. ‘Right to Life and Personal Liberty’ guaranteed under Article 21 of the Constitution of India.

3. It is the case of the petitioner that, petitioner is owner of agricultural land adjacent to Bhairavnath Sugar Company Ltd. situated at Village Sonari, Tq. Paranda, Dist. Osmanabad. The polluted water discharged from the sugar factory drains into the agricultural land of the petitioner. Therefore, the petitioner had requested the administration of the sugar factory to stop the same, as it causes infertility of the land of the petitioner. The petitioner was making requests to stop the polluted water from being drained into his agricultural land, hence, two NCRs came to be registered against him. NCR Nos. 171/2020 and 87/2021 were registered against the petitioner under Sections 504, 506 and 507 of Indian Penal Code on 30.06.2020 and 24.05.2021 respectively. On the basis of these NCRs, the police officer of the Ambi Police Station submitted Chapter Report No. 49 of 2021 under Section 107 of Criminal Procedure Code before respondent no. 3 on 25.05.2021, requesting to pass an order to execute the bond of good behaviour for maximum period. The petitioner was produced before respondent no. 3 and he passed an order of sending the petitioner to Magisterial Custody from 25.05.2021 to 31.05.2021.

4. As there was holiday on 26.05.2021, the advocate for the petitioner, along with surety, namely, Ravindra Tanaji Khule, filed bail application before respondent no. 3 on 27.05.2021, praying grant of bail. However, respondent no. 3 rejected the said application on the ground that an order has already been passed by him on 25.05.2021. It is this action of the respondent, which is assailed in this petition.

5. Learned advocate for the petitioner argued that the procedure of remanding the accused to Magisterial Custody in connection with the Chapter Proceedings under Section 107 of Criminal Procedure Code is not contemplated under Chapter VIII of Criminal Procedure Code. He submitted that, the Executive Magistrate, if he considers that immediate measures are necessary for the prevention of breach of the peace or disturbance of the public tranquility, then he can direct the person against whom the order under Section 111 of the Criminal Procedure Code has been passed to execute a bond, with or without surety for keeping the peace. It is also contended that respondent no. 3 has acted beyond the jurisdiction by exercising powers, which are not vested with him. It is further submitted that, the petitioner’s right under Article 21 of the Constitution of India is violated by illegally detaining him for seven (07) days and hence, he claims compensation for his illegal detention. In support of his contention the petitioner has relied on the following case laws :

I. Madhu Limaye Vs. Sub-Divisional Magistrate, Monghyr and Others, AIR 1971 SC (1) 2486
II. Gopalanachari Vs. State of Kerala, AIR 1981 SC 674
III. Surendra Ramchandra Taori Vs. State of Maharashtra and Others, 2001 (4) Mh.L.J. 601
IV. Pravin Vijaykumar Taware and Others Vs. Special