Illegal arrest and detention resulting from the execution of a forged warrant with a counterfeit seal entitles the victim to compensation, subject to an enquiry to identify the responsible officials for recovery.

ORDER

1. Heard learned counsel for the respective parties.

2. Instant CRLMP is filed by the petitioner for a direction to opposite party No.3 to act upon the report lodged as per Annexure-3 and further to provide compensation for his illegal detention, torture and assault by the police while in custody consequent upon execution of a false warrant of arrest” issued in connection with C.T. Case No.1209 of 2001 pending in the file of learned S.D.J.M., Bhubaneswar on the grounds stated.

3. This Court by order dated 7th July, 2026 had directed opposite party No.3 to file an affidavit and further calling upon the learned S.D.J.M., Bhubaneswar to submit a report on the allegations of the petitioner in the case at hand.

4. It is alleged that on the basis of warrant of arrest i.e. Annexure-1 with the Court seal thereon, the petitioner was arrested. For the illegal arrest and detention, the petitioner lodged a report with opposite party No.3 as per Annexure-3. It is made to understand that the petitioner even approached the DCP, Cuttack UPD, namely, opposite party No.2 with such grievance as per Annexure-5. Mr. Routray, learned counsel for the petitioner submits that fraud has been played upon in the issuance of warrant of arrest and it was at the behest of the local police and in particular, the I.O. concerned with such other allegations made. Referring to memo of arrest of the petitioner, Mr. Routray, learned counsel further submits that a serious action is necessary to be directed against the police besides directing compensation payable to him for his illegal detention and assault within the premises of the court of learned S.D.J.M., Bhubaneswar at the time of production.

5. Pursuant to order dated 7th July, 2026 of this Court, learned S.D.J.M., Bhubaneswar submitted the report at Flag-10. The compliance affidavit is filed by opposite party No.3 at Flag-15 for the Court’s perusal. According to the report, no such NBW dated 20th November, 2024 was issued against the petitioner by the Court revealed from Register (R-10). It is further revealed that the petitioner was neither an accused nor the informant of the case and furthermore, in the year 2001, such a case has been registered in G.R. instead of C.T. and the NBW was shown to have issued in C.T. Case No.1209 of 2001. In view of such report, this Court is of the view that a further enquiry is necessary by the court of learned S.D.J.M., Bhubaneswar, since for the mischief committed, it has resulted in illegal arrest of the petitioner.

6. In so far as the compliance affidavit at Flag-15 is concerned, it is suggested that on the basis of a photocopy of warrant of arrest received by the P.S. with other documents, the action was followed and it led to the arrest of the petitioner. Along with the affidavit, the copies of the G.D entry No.10 and the FIR in Lalbag P.S. Case No.241 of 2026 is annexed. Such affidavit indicates that the petitioner was arrested on the basis of a NBW. The delay in enquiry and registration of a case under which the FIR lodged from the side of the petitioner is attributed to such enquiry. It is claimed in the affidavit that a forged NBW bearing a counterfeit seal of the Court was received through Speed Post which was subsequently executed, thereby denying any such mischief committed at the P.S. level.

7. The case diary is submitted to the Court by the learned AGA for the State and the same is gone through. When the report of the learned court below and such an affidavit as at Flag-15 reveal that someone played mischief in the issuance of NBW/A which ultimately led to the arrest of the petitioner and admittedly, res