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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Pawan Gaur – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has challenged the legality and propriety of the order dated 13.06.2020 passed by the ACP-cum-Executive Magistrate, Jodhpur, as well as the order dated 03.12.2020 passed by the learned Sessions Judge, Jodhpur Metro in Criminal Appeal No. 203/2020.
2. The brief facts of the present case is that the petitioner, a law student, is a relative of one Dinesh Kumar, who was embroiled in a matrimonial dispute with his wife, Smt. Meenaxi. The said dispute led to a police complaint by Smt. Meenaxi against her husband. Following standard protocol, both parties were summoned for counseling before the Mahila Suraksha Salah Kendra on 12.06.2020.
3. During the counseling session, the petitioner, while accompanying his relative, allegedly raised his voice. Merely for this reason, he was apprehended by the police and detained under Sections 107 and 151 of the Cr.P.C. He was thereafter produced before the Executive Magistrate on 13.06.2020. However, the arrest and detention of the petitioner were wholly unjustified, arbitrary, and in blatant disregard of legal principles.
4. The petitioner contends that his illegal detention and arrest by the police were in clear violation of hi
Preventive detention under Sections 107 and 151 Cr.P.C. must be justified by clear evidence of imminent threat; arbitrary arrests violate constitutional rights.
Preventive detention must be justified by reasonable apprehension of a cognizable offence; arbitrary detention violates constitutional rights.
Grant of compensation in proceedings under Article 32 or 226 of Constitution for established violation or fundamental rights guaranteed under Article 21, is an exercise of Courts under public law jur....
Executive Magistrate exceeded jurisdiction by ordering detention under Section 107 of CrPC, violating Article 21. Illegal detention entitled petitioner to compensation.
Illegal detention beyond the prescribed period is not an act connected with the discharge of official duties and does not warrant protection under Section 197 Cr.P.C.
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 court ruled that detention without prior FIR is illegal; however, compliance with arrest protocols established in the Arnesh Kumar case must be followed, and failure to challenge remand limits cl....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
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