Writ Petition (Crl.) No. 147 of 2013. Case: Saurabh Kumar Vs Jailor, Koneila Jail. Supreme Court

Case Number:Writ Petition (Crl.) No. 147 of 2013
Party Name:Saurabh Kumar Vs Jailor, Koneila Jail
Judges:T.S. Thakur and N.V. Ramana, JJ.
Issue:Arms Act - Section 27; Indian Penal Code (IPC) - Sections 147, 148, 149, 323, 379, 386, 427, 447, 504; Code of Criminal Procedure (CrPC) - Section 156(3); Code of Civil Procedure (CPC) - Section 144; Constitution of India - Articles 14, 21, 22, 32
Judgement Date:July 22, 2014
Court:Supreme Court
 
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Judgment:

N.V. Ramana, J.

  1. This habeas corpus petition is filed by one Saurabh Kumar who is in Koneila Jail, Dalsingsarai, District Samastipur (Bihar).

  2. In brief the case of the Petitioner is that he was XII pass and wanted to leave the village in search of a decent job. In that connection he made an application for passport. On 30.6.2013 the police had called the Petitioner to the Police Station for enquiry on his application for passport and after reaching inside the police station he was locked up. Thereafter on 1.7.2013 early morning, the Petitioner was taken to the residence of one Shri Tripathi, Judicial Magistrate who is arrayed as 6th Respondent in this writ petition. There, the Petitioner was beaten with lathi by DSP, Manish Kumar Suman, who is arrayed as 9th Respondent herein, in the presence of the said Judicial Magistrate and it is also alleged that while beating he was told that it is a reward for his parents for reporting or complaining against him to the Supreme Court, and insulted him by stating that low caste people should not become malik of the land of the upper caste people like mausaji. Thereafter, the Petitioner was taken from the house of the Judicial Magistrate to the Koneila jail where he is kept under detention. The Petitioner states that he was unnecessarily and illegally detained by the police. It is also a further case of the Petitioner that the Judicial Magistrate, Shri Tripathi also caused prejudice as he is out of vengeance against his parents. When they approached the local MLA, the MLA contacted the SHO of Dalsingsarai, District Samastipur, and the police informed the MLA that there is no complaint against the writ Petitioner and they are going to release him but in spite of repeated requests they have not released him.

  3. Hence, the Petitioner prayed for grant of a writ of habeas corpus Under Article 32 read with Article 14, 21 & 22 of the Constitution of India directing the Respondents to produce the Petitioner Saurabh Kumar before this Hon'ble Court and also to direct the Respondent-State to devise a way to prevent malicious arrest and detention by the police that too without maintaining necessary record and further to direct the State to pay the Petitioner compensation considering that the detention is a black mark to his career prospects and future.

  4. Initially there were eleven persons shown as Respondents. But later on, the Petitioner has withdrawn Respondent Nos. 3 to 11 from the array of parties.

  5. After issuing notice two counter affidavits have been filed, one by Respondent Nos. 1, 2, 7 and 8 and the other by the sixth Respondent, Tripathi, the Additional Chief Judicial Magistrate and Judge In-charge (Administration) Dalsingsarai, District Samastipur, Bihar. From these two affidavits, it appears that there were land disputes between Petitioner's family and one Rama Kant Singh. A Mortgage Suit No. 30/94 was filed against Banwari Roy, who is the grand-father of the Petitioner and obtained a decree against him on 28.2.1997 by the Munsif Court. Thereafter, the grandfather of the Petitioner preferred Title Suit bearing T.A. No. 17/99 against the said Rama Kant which was subsequently dismissed by the learned Additional District and Sessions Judge-I, Samastipur by order dated 1.6.2013.

  6. The said Rama Kant Singh filed an execution case for delivery of possession of the land. The Munsif (Civil Judge, Jr. Division, Dalsingsarai) ordered for deputing the police force for the delivery of the land to the decree-holder. In view of the said order, the 6th Respondent-Tripathi directed the Nazir, Civil Court, Dalsingsarai to execute the decree passed by the learned Munsif and on 3.3.2013 the said decree was executed which was confirmed by the Munsif by his order dated 15.3.2013.

  7. Thereafter, one Mohan Kumar filed a complaint before the Additional Chief Judicial Magistrate on 29.4.2013 which was referred to the police on 1.5.2013 P.S. No. 72/13 and was registered Under Section...

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