JUDGMENT :

Rajiv Sharma, J.

1. King John was forced to sign the Magna Carta in 1215 and it was demanded that: "Ne Corpus liberi hominis capiatur nec imprisonetur nec dissaisetur nec utlagetur nec exuletur nec aliquot modo destruator nec vex eat vel mittat super eum vi nisi per judicium parium suorum vel per legem terre" which means, "No free man shall be taken, or imprisoned or disseised or outlawed or banished or any ways destroyed, nor will the King pass upon him or commit him to prison, unless by the judgment of his peers or the law of the land. In the petition of grievances, 1610, it was stated thus:

Among many other points of happiness and freedom which your Majesty's subjects have enjoyed under your royal progenitors, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of law,....and not by any arbitrary form of government... Out of this root hath grown the indubitable right of the people of this kingdom, not to be made subject to any punishment... other than such as are ordained by the common laws of this land, of the statutes made by their common consent in Parliament.

2. Petitioner No. 2 was working as a Guide with Vatika Hotel. Petitioner No. 1 is the wife of petitioner No. 2 and petitioner No. 3 is their son. According to the reply filed by respondents No. 1 and 2, petitioner No. 2 fell down from the railing of A.G. Office. It was seen by a traffic Police Constable. He was taken to I.G.M.C. on 21.01.2008. An information was received at the Police Control Room at 12:45 p.m. on 22.01.2008 that petitioner No. 2 was creating problems in Vatika Hotel. A.S.I. Tej Ram and four Constables went to Vatika Hotel. The matter was compromised at Police Control Room, Shimla. Police got the information on 22.01.2008 that a man was lying injured in Middle Bazaar, Shimla. HC Man Dass was deputed to the spot and he brought petitioner No. 2 to the Police Station. He was got medically examined by Sub Inspector Kanwar Singh on 22.01.2008 at 7:40 p.m.. He was medically examined by Dr. Payal Gupta at D.D.U. Hospital, Shimla. Dr. Payal Gupta in M.L.C. conducted on 22.01.2008 has found the following injuries on local examination:

(a) Blueish black bruise over right eye and around right eye. Local swelling present and

(b) Reddish brown abrasion over lateral aspect of right pinna. Ear and TM (Tympanic Membrane) normal. No other injury was present.

3. The blood sample of the petitioner was also taken and it was sent to F.S.L. Junga for chemical examination. According to Dr. Payal Gupta, the nature of the injuries was simple, the probable duration of the injuries was less than 24 hours and the kind of weapon used was blunt. The final opinion was given by Dr. Payal Gupta on 09.05.2008 after receiving the report from F.S.L., Junga. According to the report, there was no content of poison or alcohol in the blood of petitioner No. 2. He was brought back to Police Station, Sadar, Shimla at 7:30/8:00 p.m. Thereafter, vide daily diary report No. 68, dated 22.1.2008, petitioner No. 2 was discharged.

4. Petitioner No. 1 received a telephonic call from Vatika Hotel that her husband was creating problems in the Hotel. She was asked to come to Vatika Hotel and take care of her husband. A call was also received by the petitioner from Police Station, Sadar, Shimla from phone No. 2652860. Petitioner No. 1 left Chintpurni in the morning and reached Shimla in the evening. She went to Police Station, Sadar, Shimla. In the meantime, petitioners' brother also received three calls from telephone number of ASI Rattan Singh at 1:40 p.m., 141 p.m. and 143 p.m. on 23.01.2008. The telephone number of ASI Rattan Singh was 94181-62860. HC Mohinder Kumar arranged an ambulance by using his telephone number, i.e., 94183-76513. Thereafter, petitioner No. 2 was taken to I.G.M.C. in ambulance.

5. A second M.L.C. was conducted by Dr. Rahi on 23.01.2008 at 7:15 p.m. The M.L.C. reports of Dr. Payal Gupta and Dr. Rahi have