JUDGMENT :

Sonia Gokani, J.

1. This is a petition preferred under Article 226 of the Constitution of India by the applicant, who seeks issuance writ of habeas corpus or another appropriate writ for obtaining the custody of his son Falgun, who is illegally confined and detained by respondent No.5, who happened to be the Police Inspector of Meghaninagar police station.

2. Facts in nutshell are presented in the following factual background:

2.1 Brother of the corpus was arrested and detained in the custody of Meghaninagar police station as a preventive measure by the police officer as per section 151 of the Code of Criminal Procedure. The corpus was picked up from his vicinity on 29.06.2020 and was made to stay in the lock up for the entire night. It is alleged that he was subjected to police brutality and custodial violence. On the next day i.e. on 30.06.2020 he was presented before the learned Magistrate and was bailed out with other individuals, who were detained. The complaint was made to the learned Magistrate about the custodial violence and the torture committed by the police personnel of Meghaninagar. On hearing the grievance, the learned Magistrate had directed the Chief Medical Officer of Civil Hospital to get them examined.

2.2 Instead of taking the corpus and others to the Civil Hospital, the police officers of Meghaninagar police station took them back to the Meghaninagar police station where they were again beaten with lathi and rods. They were specifically instructed not to reveal these bruises and marks to the Chief Medical Officer (CMO) by taking their clothes off and they were deterred not to reveal the names of the police officers, who had beaten them.

2.3 The brother of the corpus revealed his injuries to the CMO. Learning this aspect, the police officers had again beaten him up. This inhuman act had resulted into calling the police control room. However, no complaint was lodged and mere statement of the brother of the petitioner was recorded.

2.4 The police officer of Meghaninagar police station, with an intention to suppress the say of the petitioner against the custodial violence, visited the house of the petitioner on 01.07.2020 and had taken away the corpus along with them. He was detained in the police custody for the entire night and on the next day when the petitioner had again come to Meghaninagar police station, he was being informed that the corpus is detained and is quarantined in an isolated place.

2.5 To the shock and surprise of the petitioner, it was informed that First Information Report was lodged against the corpus and other relatives of the petitioner under sections 143,147, 336 and 118 of the Indian Penal Code, the First Information Report bearing First Information Report No.11191033201407 of 2020. Learning about the wrongful detention of the corpus, the mother of the corpus had sent a representation dated 02.07.2020 addressed to respondent No.1 for releasing the corpus.

2.6 Another representation addressed to respondent no.3 dated 03.07.2020, and a representation dated 04.07.2020 was sent to respondent No.5 for releasing his son for wrongful confinement and detention.

2.7 Corpus being a boy, aged 21 years, was detained in the Meghaninagar police station at the time of pandemic. The petitioner suspected the conduct of the police officer of the police station being quite suspicious, anticipated the corpus to be exposed to the deadly Covid-19 virus to create tyrant effect on the petitioner and his family. The corpus, as urged by the petitioner, cannot be detained without being produced before the Magistrate, that too for many days, as it is beyond the scope of the procedure of arrest, as stipulated under sections 41 (a) to (d) of the Code of Criminal Procedure. He was not presented before the Magistrate and was detained in the police station in the guise of being quarantined. Therefore, the present petition with the following prayers:

“11. In view of the above facts and circumstances, the petitioner, t