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IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, SHAMIM AHMED, JJ.
Shiv Kumar Verma and Another – Petitioners
Versus
State of U.P. and Others – Respondents
Criminal Misc. Writ Petition No. 16386 of 2020
Decided On : 11-06-2021
Criminal Procedure Code, 1973 - Section 107 - Partition of an ancestral land - Dispute relating to ancestral property between the petitioners and their family members - Breach of public peace, the police arrested the petitioners under Section 151 Cr.P.C. - Arrest and detention by Police - Security bond for keeping the peace.
Finding of the Court:
Non release of the petitioners by the respondent no. 3 even after submission of personal bond/bail bond and other papers, is a clear breach of Article 21 of the Constitution of India - Administrative law of accountability of public authorities or their arbitrary and even ultra vires actions has taken many strides and it is now accepted both by this Court and English Courts that State is liable to compensate for loss or injury suffered by a citizen due to arbitrary action of its employees - State Government to take the aforequoted policy decision dated 23.03.2021 for payment of compensation of Rs. 25,000/- for illegal detention of any citizen by any Officer of the State Government and initiation of disciplinary proceedings against such officer. Since the State Government itself has taken a policy decision and has paid compensation to the petitioners herein, therefore, no further direction for payment of compensation is required to be issued.
Result: Disposed of.
JUDGMENT :
SURYA PRAKASH KESARWANI, J.
1. Heard Sri Ashwini Kumar, learned counsel for the petitioners and Sri Manish Goyal, learned Additional Advocate General assisted by Sri S.K. Pal, learned Government Advocate and Sri Ali Murtuza, learned A.G.A. for the State-respondents.
2. This writ petition has been filed praying for the following reliefs:
Facts
3. Briefly stated, facts of the present case are that there was some dispute relating to ancestral property between the petitioners and their family members. In paragraph 3 of the writ petition, it has been stated that some tiff arose between the petitioners and other family members, namely, Rajendra Prasad, Shiv Kumar Verma and Raj Kumar Verma regarding partition of an ancestral land and in apprehension of breach of public peace, the police arrested the petitioners under Section 151 Cr.P.C. on 08.10.2020. A Challani Report dated 08.10.2020 was submitted by the Sub Inspector, Police Station Rohania, District Varanasi to the Sub Divisional Magistrate, District Varanasi under Section 151/107/116 Cr.P.C. which was in printed form and merely name of the petitioners and others, name of village and “land dispute” have been filled by ink in the aforesaid Challani Report. On receipt of the Challani Report, the Sub Divisional Magistrate registered the case as Case No. 624 of 2020 (State vs. Shiv Kumar Maurya and Others) and passed the following order on 08.10.2020:
ljdkj cuke f'kodqekj ekS;Z vkfn
/kkjk&515@107@116 n0Á0la0
Fkkuk&jksgfuk
08-10-2020
vkt Fkkuk/;{k jksgfu;k tuin okjk.klh }kjk vUrxZr /kkjk 151@107@116 n0Á0la0 ds vUrxZr pkykuh fjiksVZ ljdkj cuke f'kodqekj ekS;Z vkfn ÁLrqr fd;k x;k vfHk;qDrx.k ds tekur gsrq cU/k i= o 'kiFk i= o eqpydk nkf[ky ugha fd;k x;kA
vr% vfHk;qDrx.k ds tekur gsrq cU/k i= o eqpydk ds miyC/krk rd vfHk;qDrx.k dks fu:} tsy fd;k tkrk gSA i=koyh fnukad 21-10-2020 dks is'k gksA
v0g0
lR;Áfrfyfi
08-10-2020A**
4. It appears that on 12.10.2020 the petitioners submitted personal bond and other papers but the respondent no. 3 has not released them and instead, under the pretext of verification, directed the file to be placed on 21.10.2020. The order dated 12.10.2020 passed by the respondent no. 3 is reproduced below:
i=koyh is'kA vfHk;qDrx.k }kjk tekur ÁkFkZuk i= o cU/k i=@eqpydk nkf[ky fd;k x;k cU/k i= esa layXu tekunkjh dks [krkSuh dk eqY;kadu gsrq rglhynkj jktLo dks Ásf"kr o jkt if=d vf/kdkjh }kjk tkjh vfHk;qDrx.ks dk pfj= Áek.k i= nks Áfr vr% i=koyh fnukad 21-10-2020 dks is'k gksA
v0g0
lR;Áfrfyfi 12-10-2020A**
5. Thereafter, on 21.10.2020 the petitioners were released. Aggrieved with the arbitrary and illegal action of the respondents and illegal detention, the petitioners have filed the present writ petition praying for the relief as afore-quoted.
Discussion and Findings
6. We have carefully considered the submissions of learned counsels for the parties.
Action taken by the State Government
7. In paragraph 8 of the counter affidavit dated 02.02.2021, the respondent no. 1 has stated that the State Government has taken corrective action in the matter vide letters/circulars dated 30th January, 2021 and 31st January, 2021. The aforesaid letters/circulars dated 30th January, 2021 and 31st January, 2021 are reproduced below:
^^QSDl@bZ&esy@egRoiw.kZ
la[;k&159@6&iq0&11&21&05 fjV@2021
Ás"kd]
r:.k xkck]
lfpo] mRrj Áns'k 'kkluA
lsok esa]
iqfyl egkfuns'kd]
mRrj Áns'kA
x`g ¼iqfyl½ vuqHkkx&11 y[kuÅ
fnukad% 30 tuojh] 2021
fo"k;%& fdzfeuy ¼fel0½ fjV ;kfpdk la[;k&16386@2020] f'ko dqekj oekZ o vU; cuke m0Á0 jkT; o vU; esa ikfjr ek0 mPp U;k;ky; ds vkns'k fnukad 13-01-2021 ds vuqikyu esa
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