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2004 Supreme(MP) 367

HIGH COURT OF MADHYA PRADESH
S.P. Khare, A.K. Shrivastava. JJ.
Shankar Lal Soni
Versus
State of M.P.
Writ Petition 2375 of 2003 Of
Decided On : Apr 22,2004

Advocates Appeared:
S.K.PATHAK,

Judgment

( 1. ) THOUGH this petition was listed for hearing on the question of admission, however, on the consent of learned Counsel for the parties, they were heard finally.

( 2. ) BY this writ petition filed under Article 226/227 of the Constitution of India, in the nature of habeas-corpus, mandamus and certiorari, the petitioner has sought the following reliefs:-

(i) Direct the respondents to release the petitioner from their illegal detention forthwith. (ii) As stated earlier in the facts above, the petitioner is in the apprehension of his murder in jail by the jail authority including respondents in one way or the other. There-fore, his life may kindly be saved in the interest of justice and he may kindly be called by issuing a writ of habeas-corpus. (iii) Start criminal proceedings against the respondents by making an order for investigation on the allegations made by the petitioner in this petition. (iv) Award a compensation of Rs. 5,00,000)/- (say Rupees Five lakhs only) for suffering humiliation and illegal detention of long three years and more. (v) Award cost of instant litigation.

Any other relief/order, which this Honble Court deems fit in the interest of justice may also please be given. Indeed, the main ground of attack of the petitioner is his illegal detention. According to him, a case under Sections 294, 323, 352, 353 and 506, IPC was registered against him by the police and he was sent to jail on 1-2-1999 in case No. 606/1998, in which he was later on acquitted. According to him, on 4-2-1999 on the basis of a forged warrant the petitioner was sent to jail since 1-2-1999 and 4-2-1999. It has been proponed that the action of respondent Nos. 2, 3 and 4 is highly objectionable as they have detained him illegally and sent him to jail and, therefore, a case under Sections 107, 108, 420, 467, 471 read with Section 120-B of IPC is required to be registered against them and they are also liable to be prosecuted under Section 344 of the Code of Criminal Procedure, since they do not enjoy any jurisdiction to detain the petitioner and they have abused the judicial power. ( 3. ) IN the return filed by respondent Nos. 1 to 3 it has been categorically pleaded that the petitioner is presently serving life sentence in Central Jail, Satna. The petitioner has not come with clean hands and has concealed the reality. According to the respondents, the petitioner was convicted for the offence under Section 302/34, IPC and was sentenced to undergo life imprisonment in Sessions Trial No. 8/1976 vide judgment dated 27-3-1976 passed by Sessions Judge, Satna. A copy of which is placed on record as Annexure R-1. He was sent to Central Jail, Rewa on 28-3-1976 and at that time 8 cases against him were pending. Annexure R-2 is the relevant page of the convict admission register maintained by the Central Jail, Rewa. As the petitioner was bailed out in all the cases he was released from jail on 3-10-1977. The petitioner was again admitted in Central Jail, Rewa on 19-12-1978 for serving life sentence. One Criminal Case No. 693/78 for offences under Sections 294, 323 and 324, IPC was pending against him in the Court of Chief Judicial Magistrate, Satna when he was readmitted in Central Jail, on 19-12-1978. Later on, the petitioner was released on parole for 12 days on 19-8-1979 by the order of the District Magistrate, Satna and he was required to report back for readmission in jail on 6- 9-1979, but, he did not turn back and an entry to that effect was made in the jail register Annexure R-3. For ready reference we would like to rewrite the noting in regard to the petitioner rkjh[k 6and9and1979 canh vlfkkbz eqf ls vhkh rd okilugha vk;k** Below this noting the Superintendent, Central Jail put his signature with his official seal. There is note dated 24-8-1979 on the said register which reads thus:-"released on Parole for 10 days + 2 days (13 days) Due Back on 6-9-79" Below this note the Superintendent, Central Jail put his signature and official seal
















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