Case Note & Summary
The petitioner, Amol Bharat Khule, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973, seeking compensation of Rs. 5,00,000/- from respondent nos. 2 and 3 for his alleged illegal arrest and detention. The petitioner owned agricultural land adjacent to Bhairavnath Sugar Company Ltd. in Osmanabad district. Polluted water from the sugar factory drained into his land, causing infertility. He requested the factory administration to stop the discharge, leading to two Non-Cognizable Reports (NCRs) being registered against him under Sections 504, 506, and 507 of the Indian Penal Code on 30.06.2020 and 24.05.2021. Based on these NCRs, the police submitted a Chapter Report No. 49 of 2021 under Section 107 of the CrPC before respondent no. 3, the Tahsildar and Executive Magistrate, on 25.05.2021, requesting an order for the petitioner to execute a bond of good behavior. The petitioner was produced before respondent no. 3, who passed an order under Section 122 of the CrPC, directing the petitioner to be detained in custody for 15 days. The petitioner was arrested and detained from 25.05.2021 to 08.06.2021. The petitioner contended that the order under Section 122 CrPC was passed without following the procedure under Sections 111 and 116 CrPC, and without any inquiry, thus violating his fundamental right under Article 21. The respondents argued that the order was valid and the petition was not maintainable. The court analyzed the provisions of Sections 107, 111, 116, and 122 CrPC and found that the Executive Magistrate had not conducted any preliminary inquiry under Section 111 CrPC, nor recorded satisfaction that immediate prevention was necessary. The court held that the order under Section 122 CrPC was without jurisdiction and illegal, and the detention violated Article 21. The court awarded compensation of Rs. 1,00,000/- to the petitioner, to be paid by respondent no. 3 personally within four weeks, with liberty to recover the amount from the police officer who submitted the Chapter Report.
Headnote
A) Criminal Law - Illegal Arrest and Detention - Compensation for Violation of Fundamental Rights - Article 21, Constitution of India - Petitioner was arrested and detained by Executive Magistrate under Section 122 CrPC without proper inquiry under Section 111 CrPC, violating his right to life and personal liberty - Held that the detention was illegal and petitioner entitled to compensation of Rs. 1,00,000/- (Paras 1-18). B) Criminal Procedure Code - Chapter Proceedings - Sections 107, 111, 116, 122 CrPC, 1973 - Executive Magistrate passed order under Section 122 CrPC without conducting preliminary inquiry under Section 111 CrPC and without recording satisfaction that immediate prevention was necessary - Held that the order was without jurisdiction and illegal (Paras 7-14). C) Constitutional Law - Right to Life and Personal Liberty - Article 21, Constitution of India - Illegal arrest and detention by State functionary amounts to violation of fundamental right - Court can award compensation in writ jurisdiction under Article 226 - Held that compensation of Rs. 1,00,000/- be paid to petitioner by respondent no. 3 personally (Paras 15-18).
Issue of Consideration
Whether the petitioner was illegally arrested and detained by respondent no. 3 (Executive Magistrate) in violation of Article 21 of the Constitution of India, and whether the petitioner is entitled to compensation for such illegal detention.
Final Decision
The court allowed the petition, holding that the arrest and detention of the petitioner were illegal and in violation of Article 21. The court directed respondent no. 3 to pay compensation of Rs. 1,00,000/- to the petitioner within four weeks, with liberty to recover the amount from the police officer who submitted the Chapter Report.
Law Points
- Illegal arrest
- Compensation for violation of fundamental rights
- Section 122 CrPC
- Section 107 CrPC
- Article 21 Constitution of India
- Executive Magistrate powers
- Chapter proceedings
- Right to life and personal liberty
