Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1690 - BOMBAY HIGH COURTIllegal detention - writ of habeas corpus directing respondent to produce the detenu - Held that:- No assistance can be derived from the entries in the diary or the remand proceedings. We do not think that the order of the Magistrate remanding the petitioner's husband to police custody till 23rd March, 2018 can bind this court and if the true and correct facts had been brought to the notice of the concerned judicial officer, possibly, he would not have passed the order on the request of this police officer. While we direct, after holding that the petitioner's husband was unlawfully detained, his release from the custody forthwith, we also direct the superior police officials, particularly the functionary in the Department of Home, Government of India to launch disciplinary proceedings and the petitioner and her husband may initiate or file civil suit and criminal prosecution against this police officer for taking the law in his hands. Such prosecution shall continue uninfluenced by any proceedings that may be initiated against the petitioner's husband for having violated the law. The husband of the petitioner shall be released from custody by 5.00 p.m. today. Petition disposed off.
|