DINANATH Vs. STATE

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff whose suit for damages for wrongful arrest and confinement has been dismissed by the Courts below.

(2.) THE facts giving rise to the present appeal may briefly be stated as under. The plaintiff Dinanath Singh, a Thakur by caste, residing at village Porsa was arrested on 21 -12 -51 by defendant No. 2 Munnalal, S.I.P., Porsa, at about mid -day. He was kept in police custody till the next morning when he was produced before a Magistrate. He was thereafter sent to the lunatic asylum at Lashkar. The R.M.O. of the Mental Hospital, Lashkaron 31 -1 -52 certified that the plaintiff's mental condition was quite normal. On receipt of the medical report, the Magistrate, Morena on 5 -2 -52 ordered the plaintiff to be discharged. The plaintiff averred in his plaint that he was an active member of the Ram Rajya Parishad and was doing intensive propaganda on behalf of his party in connection with the elections to be held in the coming month. He maintained that he was never of an unsound state of mind and that his arrest and confinement by defendants Nos. 1 and 2 was wrongful and without any just or reasonable cause. He, therefore, claimed damages in the sum of Rs. 500.

(3.) THE Civil Judge, Morena, set aside the ex -parte order but did not permit Munnalal to file a written statement. I am distinctly of the opinion that by doing so he unwillingly afforded a sort of protection to Munnalal, who having effected the plaintiff's arrest, was bound in law to explain the circumstances which gave him reason to believe that the plaintiff was a violent lunatic. In his deposition Munnalal admitted that he did not himself see the plaintiff throwing stones at or abusing anybody. He was merely informed by certain persons to that effect and had made inquiries from certain others before arresting the plaintiff.