RAVI SHANKAR KUMAR AKELA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioner for directing the respondents to initiate an inquiry and departmental proceedings agaisnt the persons who have arrested him in connection with G.R.P.S. Case No.138 of 2017 initially under Sections 363 and 365 of the Indian Penal Code but later on 302, 201 and 120B of the Indian Penal Code was added in the first information report.

(3.) Learned counsel appearing for the petitioner submitted that the police arrested the petitioner on 28.04.2017 without following statutory law and without obtaining warrant of arrest, they illegally detained him for one day and subjected him to various kind of torture. They took his signature on blank sheet of paper and have illegally shown the date of arrest as 29.04.2017 in the arrest memo, which shows that the police have acted in an arbitrary and high-handed manner. The said action of the police is violative of Section 57 of the Code of Criminal Procedure and Article 22 (2) of the Constitution of India. He has submitted that the duty of the police is to protect innocent persons and not to implicate them in false cases. He has submitted that in reply to an application under Right to Information Act , the Information Officer has also stated that the petitioner was arrested on 28.04.2017.