TMI Blog2011 (8) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of the allegations made by the said respondents against the appellant nos. 2 to 4; and awarded a compensation of ₹ 25,000/- each to the said respondents for wrongful confinement. 3. FACTS: A. On 3.2.2007, Constable Virender Kumar, Head Constable Krishan Singh and Constable Jai Kumar, appellant nos. 2 to 4 respectively while patrolling in the area found that Sanjeev Kumar Singh and Dalip Gupta, respondent nos.3 and 4 respectively were fighting with each other in an intoxicated condition. The said appellants tried to pacify them but in vein. After realising that they were in drunken condition the aforesaid appellants took both the said respondents to the hospital for medical examination wherein they misbehaved with the Doctor and other staff of the hospital. After medical examination, it was opined that both the said respondents had taken alcohol. B. The said respondents were booked under Sections 107/151 of the Code of Criminal Procedure, 1973 (hereinafter called `Cr.P.C.') and were produced before the Special Executive Magistrate (hereinafter called `the Magistrate') on 4.2.2007. The Magistrate issued show cause notice as to why they should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atural justice. Such a petty matter does not require to be investigated by the CBI. Token compensation to the tune of ₹ 25,000/- has been awarded to each of the said respondents without determining the factual controversy. Hence, the appeals deserve to be allowed. 5. On the contrary, the learned counsel appearing for the respondent nos. 3 and 4 has opposed the appeals contending that the appellants had violated fundamental rights of the contesting respondents and detained them in jail without any justification, therefore, the matter is required to be investigated by the CBI or some other independent investigating agency. Token compensation has rightly been awarded by the High Court. The appeals lack merit and are liable to be dismissed. 6. We have considered the rival submissions made by learned counsel for the parties and perused the record. 7. In the writ petition, admittedly, altogether there were seven respondents, including the present appellants and the Magistrate who had passed the order under Sections 107/151 Cr.P.C. Record of the case reveals that the matter was listed for the first time on 26.2.2007 and the learned standing counsel for the State accepte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doctor and staff of the hospital. The medical report reveals that they were intoxicated. The relevant part of the medical report dated 3.2.2007 made at 8.00 p.m. in Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delhi reads as under: Smell of alcohol ++ Patient had been irritating and misbehaving with the doctor and staff 9. No further investigation or inquiry had been conducted on the charge of abusing, threatening and quarrelling by the writ petitioners with each other. Though the High Court reached the conclusion that the said respondents had been kept behind the bar for one day resulting into violation of their fundamental rights, without realising that since they failed to furnish bonds, no other option was available and they were sent to judicial custody in view of the order of the Magistrate. If the writ petitioners were aggrieved of the same, they could have challenged the same by filing appeal/revision. We failed to understand under what circumstances the writ petition has been entertained for examining the issue of illegal detention, particularly, in a case where there was a justification for keeping them in judicial custody. 10. The High Court reached the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... special investigating agency. 14. The object of the Sections 107/151 Cr.P.C. are of preventive justice and not punitive. S.151 should only be invoked when there is imminent danger to peace or likelihood of breach of peace under Section 107 Cr.P.C. An arrest under S.151 can be supported when the person to be arrested designs to commit a cognizable offence. If a proceeding under Sections 107/151 appears to be absolutely necessary to deal with the threatened apprehension of breach of peace, it is incumbent upon the authority concerned to take prompt action. The jurisdiction vested in a Magistrate to act under Section 107 is to be exercised in emergent situation. 15. A mere perusal of Section 151 of the Code of Criminal Procedure makes it clear that the conditions under which a police officer may arrest a person without an order from a Magistrate and without a warrant have been laid down in Section 151. He can do so only if he has come to know of a design of the person concerned to commit any cognizable offence. A further condition for the exercise of such power, which must also be fulfilled, is that the arrest should be made only if it appears to the police officer concerned t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mt. Nilabati Behera v. State of Orissa Ors., AIR 1993 SC 1960; D.K. Basu v. State of W.B.,AIR 1997 SC 610; Chairman, Railway Board Ors. v. Mrs. Chandrima Das Ors., AIR 2000 SC 988; and S.P.S. Rathore v. State of Haryana Ors., (2005) 10 SCC 1). 18. In Sube Singh v. State of Haryana Ors., AIR 2006 SC 1117, while dealing with similar issue this Court held as under: In cases where custodial death or custodial torture or other violation of the rights guaranteed under Article 21 is established, the courts may award compensation in a proceeding under Article 32 or 226. However, before awarding compensation, the Court will have to pose to itself the following questions: (a) whether the violation of Article 21 is patent and incontrovertible, (b) whether the violation is gross and of a magnitude to shock the conscience of the court, (c) whether the custodial torture alleged has resulted in death..... Where there are clear indications that the allegations are false or exaggerated fully or in part, the courts may not award compensation as a public law remedy under Article 32 or 226, but relegate the aggrieved party to the traditional remedies by way of appropriate civil/crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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