RISHI RAJ Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Heard finally with the consent of counsel appearing on behalf of the parties.

(2.) Intra Court appeal has been preferred against order dated 25.05.2007 passed by the Single Bench in S.B. CWP No. 5301/2005.

(3.) The appellant preferred a writ petition before the Single Bench claiming compensation due to his illegal arrest pursuant to a warrant of arrest, which was issued way back in the year 1985. Thereafter, he surrendered in the concerned Court and was released on bail on 09.09.1985. Warrant of arrest was issued before that on 23.07.1985 pursuant to order dated 19.07.1985. Once the appellant surrendered before the concerned Court and was released on bail, warrant of arrest ceased to be effective and the same was required to be called back. Ultimately, the appellant faced the trial and he was acquitted of the offence under Sections 148 and 323 IPC vide judgment dated 06.03.1992. Though, the State Government was well aware of the fact that the appellant had surrendered and stood acquitted by the trial court, the warrant of arrest, which ceased to be effective, was not sent back to the concerned court. It was incumbent upon the concerned court to call back the warrant of arrest as well as upon the State of Rajasthan to send the warrant back to the concerned court, as the State was well aware of the fact of surrender of the appellant before the concerned court, furnishing of bail by him. Factum of acquittal of the appellant was also in the knowledge of the State of Rajasthan. However, there was total remiss on the part of the State. It kept quiet and slept over the matter and all of sudden on one fine day after 13 years of acquittal on 16.05.2005 arrested the appellant, pursuant to the warrant of arrest, which ceased to be effective in the year 1985 itself. The appellant was kept at the concerned Police Station in the night and was produced before the concerned court on the next day i.e. 17.05.2005. The appellant was sent to judicial custody on 17.05.2005 and he was released on 19.05.2005.