MANISH K. RAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1-State. Learned advocate Mr.R.C.Kodekar waives service of rule on behalf of respondent No.2. Learned standing counsel Mr. Kshitij Amin waives service of rule on behalf of respondent No.4.

(2.) This petition under Article 226 of the Constitution of India is filed for issuance of writ of habeas corpus for releasing the petitioner, who according to the petitioner is in custody. The petitioner also prays for relief to take an appropriate action and grant compensation of Rs.5,00,000.00 for illegal detention to be recovered from the responsible officer. The case has arisen on account of intercepting of the petitioner at the Airport who was to travel abroad, but was not permitted to travel on account of a lookout circular(LOC) by CBI and later on released, but by the time the flight had already departed.

(3.) The very day the matter was moved urgently before the Court and therefore, on 10/10/2023 when the matter was taken up, a statement was made by learned advocate for the petitioner that the petitioner has been released and therefore, the prayer clause-A would not survive. However, the petitioner wanted to pursue the petition insofar as the prayer clause-B claiming compensation of Rs.5,00,000.00 is concerned.