Allahabad High Court orders State to pay ₹25K compensation to man for unlawful detention

Author : Nimisha Nayak

Updated On : April 22, 2024

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In a recent ruling, the Allahabad High Court directed the Uttar Pradesh government to pay ₹25,000 in compensation for his unlawful detention. The court found that Gupta was detained for about three days without proper legal procedures.

The case stemmed from an incident in January 2022, when Gupta was taken into custody by the Jaunpur police under Sections 151, 107, and 116 of the Code of Criminal Procedure (CrPC). The High Court noted that the Sub-Divisional Magistrate (SDM) of Jaunpur failed to follow the required legal steps during Gupta’s appearance, leading to his unlawful detention from January 10 to January 13, 2022.

Gupta had filed a criminal writ petition challenging the legality of his detention. The court's investigation revealed that the SDM breached the law by not issuing a show cause notice as mandated under Sections 107 and 111 of the CrPC. This procedural oversight was highlighted as a significant error in the wrongful detention.

Despite Gupta's earlier arrest in connection with a First Information Report (FIR) filed in 2021, the court found his subsequent detention in January 2022 unlawful due to these procedural lapses. The court had previously ruled in favour of Gupta in a writ petition related to the same FIR, which argued that the offences listed were not severe enough to warrant arrest.

The court's decision to compensate Gupta underscores the judiciary's commitment to upholding the rule of law and the rights of individuals, even in criminal cases. This ruling emphasizes the importance of proper legal procedures and the judiciary's role in protecting individuals from abuses of power.

This case sets a precedent for holding authorities accountable and ensuring victims of unlawful detention receive redress. It reiterates the principle that justice delayed is justice denied, highlighting the necessity for diligent adherence to legal standards in justice administration.

Allahabad High Court orders State to pay ₹25K compensation to man for unlawful detention

Author : Nimisha Nayak

April 22, 2024

SHARE

In a recent ruling, the Allahabad High Court directed the Uttar Pradesh government to pay ₹25,000 in compensation for his unlawful detention. The court found that Gupta was detained for about three days without proper legal procedures.

The case stemmed from an incident in January 2022, when Gupta was taken into custody by the Jaunpur police under Sections 151, 107, and 116 of the Code of Criminal Procedure (CrPC). The High Court noted that the Sub-Divisional Magistrate (SDM) of Jaunpur failed to follow the required legal steps during Gupta’s appearance, leading to his unlawful detention from January 10 to January 13, 2022.

Gupta had filed a criminal writ petition challenging the legality of his detention. The court's investigation revealed that the SDM breached the law by not issuing a show cause notice as mandated under Sections 107 and 111 of the CrPC. This procedural oversight was highlighted as a significant error in the wrongful detention.

Despite Gupta's earlier arrest in connection with a First Information Report (FIR) filed in 2021, the court found his subsequent detention in January 2022 unlawful due to these procedural lapses. The court had previously ruled in favour of Gupta in a writ petition related to the same FIR, which argued that the offences listed were not severe enough to warrant arrest.

The court's decision to compensate Gupta underscores the judiciary's commitment to upholding the rule of law and the rights of individuals, even in criminal cases. This ruling emphasizes the importance of proper legal procedures and the judiciary's role in protecting individuals from abuses of power.

This case sets a precedent for holding authorities accountable and ensuring victims of unlawful detention receive redress. It reiterates the principle that justice delayed is justice denied, highlighting the necessity for diligent adherence to legal standards in justice administration.

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