JUDGMENT

Knox, J. - Maiku was on his trial before the Sessions Court of Farrukhabad on the 24th of July 1918. He was being tried for the offence of dacoity. He was acquitted and the order passed by the learned Sessions Judge ran as follows: I acquit Maiku of offences charged u/s 395, Indian Penal Code, and direct that he be set at liberty." Instead of being released from custody as this order directed, he was then and there re-arrested and as a matter of fact was not released from custody until the 17th of January 1919. As we shall presently, see the order of re-arrest and subsequent proceedings were entirely illegal and some one is responsible for this very serious act of detaining a person in illegal custody. I examined Syed Ali Abid, Deputy Superintendent of Police, who was stationed at Fatehgarh in July 1918, and be says that the usual procedure in eases of this kind is that the accused, who are acquitted, in order to be released are sent back to jail, the bar fittings are removed and the accused are released. The authority under which the accused Maiku was re-arrested was an order issued by the Superintendent of Polioe as far back as the 30th May 1917. It runs as follows: "In f