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...the interest of justice after due hearing.(B) Be pleased to issue writ of Habeas Corpus against the respondents and pass appropriate order against illegal detention by police inspector...illegal detention, by the police authorities, more particularly the PSI of Babra police station, as alleged in the affidavits....the early morning hours on 6 December, 2009 and he has been shown as arrested on 15 December, 2009 wrongly only to camouflage the wrong detention. Similarly, Dalabhai Jogdabhai was also detained by...
..., after finding that the petitioner had been arrested and kept in illegal detention by police for four days and noticing that when the matter came up before Court the petitioner was no longer in detention...in the case in which Hukam Singh had been declared proclaimed offender. That application was duly forwarded by the Incharge Police Post On 19th August, 1991, formal arrest of petitioner Hukam Singh...Article 21 of the Constitution was found as Ravi Kant Patil had been Handcuffed and taken through the streets in a procession by police during investigation and the award of...
...in illegal detention by the police, such a right is not available after the Magistrate remands the accused to custody. Right under Article 22(2) is available only against illegal detention ...by the petitioner alleging his detention to be illegal. It was contended by the Petitioner that he was unnecessarily and illegally detained by the police. When the matter came up before the Hon'bl...illegal. Even the Judgment in the case of Madhu Limaye (supra) also makes it clear that it has to be shown that the arrest made by the Police Officer was illegal and further it has to be established...
...@ Sima son of Malkit Singh, resident of Village Lakhan Kallan, District Kapurthala from illegal detention of respondent No.4 by appointment of a Warrant Officer. Vide order dated 11.07.2020 passed by this Court War...detenues had been kept in illegal detention by the police which contention has been refuted by learned State Counsel. Admittedly, both the detenues are now in judicial custody under orders passed ...the Court and cannot be said to be in illegal custody. The question of illegal detention of the detenues by the police can be determined on the basis of evidence to be produced in appropriate...
...the Constitution of India to award compensation in a suitable cases where citizen's fundamental rights are breached by State machineries. The case of illegal detention by police machinery would...23.02.2010 till the petitioner was produced before the Magistrate on 24.02.2010 at 3.00 p.m. Such illegal detention can easily be attributed to the deliberate conduct of the respondent no.3 which surprisingly is being endorsed ...illegal detention of the petitioner by the respondent no.3-Investigating Officer.
8. It is trite that the petitioner is laying a claim in public law for compensation for...
...the Constitution of India to award compensation in a suitable cases where citizen's fundamental rights are breached by State machineries. The case of illegal detention by police machinery would...23.02.2010 till the petitioner was produced before the Magistrate on 24.02.2010 at 3.00 p.m. Such illegal detention can easily be attributed to the deliberate conduct of the respondent no.3 which surprisingly is being endorsed ...illegal detention of the petitioner by the respondent no.3-Investigating Officer.
8. It is trite that the petitioner is laying a claim in public law for compensation for...
...others ) that to avoid arrest the petitioner has filed this petition under the garb of writ of Habeas Corpus. As the petitioner fails to make out a case of illegal detention by the Police Authorities...criminal case is registered at Police Station Dehat, District Bhind vide Crime No.91/2017 for an offence under sections 363, 366 of IPC and Section 7/8 of Protection of Children from...Sexual Offences Act, who is absconding since then. There is no denial of the fact by the petitioner that an offence vide Crime No.91/2017 under sections 363...
...This is a habeas corpus petition filed by the petitioner Shri Umer Singh. Interalia contending that his son namely Krishna Kumar is under illegal detention with the police authorities...Kumar. However, from the statement of both the petitioner and his son Krishna Kumar it is clear that neither the father nor the son is in illegal detention by the police authorities, their complaint...with regard to illegal detention of Krishna Kumar no further indulgence can be made by this Court as the statement of father and his son clearly goes to show that Krishna Kumar is not in illegal detention ...
...in illegal detention by the police. In our view, there is no merit in the writ petition and filing this petition at this juncture appears to be with ulterior motive.In view of the above reason, the w...ORDERThe petitioners claim that they are wife and father of Muruga who was arrested by STF police on 12.6.1993 and he was in custody and thereafter they learnt that he died...reference to the arrest of Muruga on 12.6.1993 by STF police but they have not yet obtained the same. It is also submitted that as per Annexure ‘B’ the information given by Public Information Officer...
...RusiaJustice Vivek Rusia
The petitioner has filed the present petition under Article 226 of Constitution of
Indian alleging illegal detention by the Police. He was produced on the last...:
Petitioner by Shri Nilesh Manore - Advocate.Petitioner by Shri Nilesh Manore - Advocate.
Respondents - State of Madhya Pradesh by Shri Bhuwan Gautam - GovernmentRespondents - State of Madhya Pradesh...by Shri Bhuwan Gautam - Government
Advocate appearing on behalf of the Advocate General.Advocate appearing on behalf of the Advocate General.
ORDERORDER
PerPer: Justice Vivek...
....
7. The present petition in the nature of habeas corpus is not maintainable as corpus has himself stated before the JMFC that he is not in illegal detention by the police authoriti...specifically recorded the statement of corpus Jagnu Prasad Parteti that he is bit meted with coercion and corpus has specifically stated before JMFC that he was not tortured by the police of Police...the petitioner. Shri A. P. Singh, learned Deputy Advocate General for the respondent- State.
Petitioner seeks production of Jagnu Prasad Parteti, who is allegedly held in custody by...
.... However, that question does not arise now because he is an undertrial prisoner.’It seems to us that even if the petitioner had been under illegal detention between 10-1-1968 to 24-1-1...accused may be entitled to be set at liberty if it is shown that the accused at that point of time is in illegal detention by the police, such a right is not available after the Magistrate remands the...accused to custody. Right under Article 22(2) is available only against illegal detention by the police. It is not available against custody in jail of a person pursuant to a judicial order. Article 22...
...of illegal detention by police of CIA staff Sirhind. The Innova vehicle, which was picked up by Mittal Crane Service from Aman Dhaba, Shahabad was also released by the CIA Staff, Sirhind to the...this Court by way of filing Criminal Writ Petition No. 1022 of 2016 for release of her husband, namely, Boota Singh from the illegal custody of the police officials. Notice of motion was issued on...difference police stations. In the inquiry, the allegations levelled against CIA staff were found to be false and baseless. Even the allegations of illegal detention were found to be false and the...
...cognizance of an offence based on a private complaint. The petitioner alleges custodial torture and illegal detention by police officials. Under Section 200 Cr.P.C., the petitioner can file a private...of directions to the Commissioner of Police, New Delhi to investigate the Complaint filed by the petitioner and register an FIR against SI Satender Guliya, HC Jitender and CT Praveen under relevant...sections for illegally detaining and attacking the
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petitioner by taking him into illegal custody on the night...
...729 was also a case where the writ petition was filed under Article 21, 22(2), 226 and 136 of the Constitution of India for illegal detention by police and compensation was...No. 601/2010 before learned JMFC Cantonment, Pune for the illegal raid and harassment conducted by the respondent at Pune due to which his father passed away. The learned JMFC directed for...standing order 330 of 2007 issued by the Commissioner of Police. The court hearing was over by 11:30 a.m and immediately thereafter the respondents No. 2&3 arrested the petitioner from the Court...
...detention of the Accused, either in Police custody or in judicial custody, thereafter?(d) Whether such remand order passed by the Magistrate will cure/legalise the alleged illegal...Senior Counsel for the Respondents that the Magistrate would be incompetent to pass a valid remand order. According to the learned Counsel for the Respondents, the illegal detention by the Police cannot be...the Supreme Court, on facts, there was no illegal detention. However, the Hon'ble Supreme Court further went on to examine the question as to whether the Magistrate would be competent to pass a valid order of remand, prospectively, ...
...i.e. the Respondent No. 3 against whom allegations were made by the Petitioner of illegal detention. The said State Police Complaints Authority is constituted under Section 22Q of the Maharashtra ...is only one of the Respondents i.e. the Respondent No. 4 herein Satish Krishna More who can be held responsible for the alleged illegal detention and therefore exonerated the other police officer i.e. the Respondent No. 3 h...1. The order passed by the State Police Complaints Authority dated 03/11/2017 is taken exception to by way of the above Writ Petition to the extent it exonerates the other police officer...
...detention of his son and also requested to release him. The dispute between the son of the petitioner and his wife. He further submitted that, in this regard, he was taken to police custody. Thereafter, humiliating for the ...before the Human Rights Commission to prove the illegal detention and the torture given by the concerned police officials. At this circumstances, the dispute cannot be considered directly without...dismissed. However, the petitioner is at liberty to approach the said National Commission for Scheduled Castes, Chennai with all material evidences for his son's illegal detention and custodial torture on 14.08.2017 ill-treated ...
...Sections 4 and 5 of the Explosive Substance Act and Section 17 of the C.L.A Act on the ground of her illegal detention by the police on 26.04.2014 on the ground that it is a case of...direction upon the respondents to release her from police custody in connection with Tatisilway Police Station Case No. 31/2014, corresponding to G.R 2291/2014 for the offence punishable under..., which did not satisfy the Court as the State has not brought forward any document in order to counter some documentary evidence produced by the petitioner in support of her claim. The State has now...
...) participated in the hearing in person.4. The appellant stated that he has been pursuing the matter relating to his illegal detention by State Police since 2011. However, no inquiry was done...1. The appellant filed RTI application dated 03.03.2017 seeking information regarding action on forgery case no. 247/2015 registered with Lalpur Police Station, Ranchi Jharkhand etc...in the matter by any authority. The appellant stated that he has written 200 letters to various authorities. However, no action was taken by any of the authority. The appellant wants to know as to...