AVTAR SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) No ground to take further action on this writ petition as there was a case registered against the detenus on 17.2.96 under Sections 326/324/148/149 IPC namely F.I.R. No. 30 dated 17.2.96 at PS Raikot. Their detention cannot be construed as unlawful even if it is taken at they were taken into custody on 18.2.96. Categoric stand of the respondents is that they were brought by Sarpanch on 20.2.96 and were produced in the thana and they were produced before the Magistrate on 21.2.96.

(2.) It is submitted by the learned counsel for the petitioner that the detenus were arrested on 18.2.96 at 8 AM; they were not produced before Magistrate although they were required to be produced before the Magistrate within 24 hours of their arrest. It is further submitted that they c not formally shown arrested in the records of the police until the arrival of the warrant officer on 20.2.96 at 10 P.M. Assuming that submission made by the learned counsel for the petitioner is correct, it is not a matter where this court should thrust its writ jurisdiction. If advised detenu may institute criminal complaint. If they are advised, they may the erring police officials civily also. Writ petition is disposed of with aforesaid observations.