KANUBHAI MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this writ petition under Articles 14, 16 and 226 of the Constitution of India, the petitioner-Kanubhai Manilal Patel, resident of C1, New Bhoomika Apartment, K. K. Nagar Cross Roads, Ghatlodia, Ahmedabad has inter alia prayed for the following reliefs : -

(2.) Brief facts of this case are that one complaint, being C.R. No. I-1/1996 came to be registered with Indira Gandhi International Airport Police Station for the offence punishable under Sections 419, 420, 120B of the Indian Penal Code against one Kanubhai Manilal Patel, resident of Neminath Society, House No. 8/46, Ranip, Ahmedabad. That, Delhi Police with the help of Sabarmati Police, arrested the said Kanubhai Manilal Patel and produced him before the learned Magistrate Court No. 2, Ahmedabad and sought his remand, which was granted and thereafter, as the custody of accused was handed over to Delhi Police and the Delhi Police intended to move him from Ahmedabad to Delhi, they stayed at Yamuna Guest House at Ahmedabad. That,somehow the said accused managed to escape from the custody of Delhi Police and pursuant to this, a complaint came to be lodged against him before Kalupur Police Station, being C.R. No. I-145 of 1996 i.e., against the said Kanubhai Manilal Patel for an offence punishable under Section 224 IPC. Thereafter, one complaint, being CR No. I-34 of 2005 was registered with DCB Police Station on 12.08.2005 for the offence punishable under Sections 465, 467, 468, 471 and Section 120B IPC against the present petitioner namely Mr. Kanubhai Manilal Patel, resident of C-1, New Bhumika Apartment, K. K. Nagar Cross Road, Ghatlodia, Ahmedabad and the present petitioner came to be arrested and sent for Police remand and thereafter, when he was in Sabarmati Jail under judicial custody, Officers of Kalupur Police Station -respondents No. 3 to 7 visited Sabarmati Central Jail for taking finger print of the petitioner and informed him that he will be sent to Tihar Jail as his name is similar to the accused of C.R. No. I-1/1996 and demanded Rs. 50,000/- to settle the matter. That, on 18th August 2005, the respondent No. 4 wrongly produced the petitioner before learned Magistrate, Court No. 16, Ahmedabad in connection with FIR, being C.R. No. I-145 of 1996 by way of transfer warrant and thereafter, the petitioner came to be released on bail on a bail bond of Rs. 5,000/-by learned Magistrate. The petitioner was again sent to the judicial custody at Sabarmati Jail in connection with C.R. No. I-34 of 2005. That, Delhi Police took the custody of the petitioner from Sabarmati Central Jail and moved him to Delhi on 07.09.2005. Thereafter, the petitioner was produced before the learned Magistrate, Delhi. Learned Magistrate, Delhi ordered Investigating Officer to verify identity of the petitioner with regard to C.R. No. I-1/1996. That, investigating Officer found that the petitioner is not the same person, as accused of C.R. No. I-1/1996. Thereafter, the petitioner was discharged from C.R. No. I-1/1996 by the learned Magistrate, Delhi on the report of the Investigating Officer and ordered to send him back at Sabarmati Jail. Thereafter, on 14.12.2005, this Court released the petitioner on regular bail in Criminal Misc.Application No. 14314 of 2005. That, on 12.01.2006, the petitioner made a detailed representation regarding his illegal detention, physical and mental torture made by the Officers of Kalupur Police Station before Additional Police Commissioner, Shahibaug, DSP Ahmedabad, Supdt. of Police, Ahmedabad and Chairman of Human Rights Commission, New Delhi and in this connection, the petitioner sought relief mentioned in prayer clause of this petition. As no response was received by the petitioner nor any action was taken by the respondent concerned, this petition is filed.

(3.) Heard learned Advocate Mr. Ashish M. Dagli appearing on behalf of the applicant and learned APP Mr. K. L. Pandya appearing on behalf of the respondent No. 1. Nobody remained present on behalf of respondent No. 8 in the matter.