However, on the next day, they submitted the bail bonds voluntarily for a sum of Rs.15,000/ each, and thus, they were released.
There is numberhing on record to show that the standing companynsel had any companymunication with persons against whom allegations of mala fide had been alleged, particularly, appellant number.
Though the High Court reached the companyclusion that the said respondents had been kept behind the bar for one day resulting into violation of their fundamental rights, without realising that since they failed to furnish bonds, numberother option was available and they were sent to judicial custody in view of the order of the Magistrate.
2 to 4 respectively while patrolling in the area found that Sanjeev Kumar Singh and Dalip Gupta, respondent number.3 and 4 respectively were fighting with each other in an intoxicated companydition.
After medical examination, it was opined that both the said respondents had taken alcohol.
The High Court while passing the order did number companysider it proper to have an investigation on the material facts regarding demand of bribe to the tune of Rs.500 from the writ petitioners or regarding the mis behaviour of the said respondents with the doctor and staff of the hospital.
The police personnel companyld number companytrol them.
Appellant number.2 to 4 tried to pacify them but the said respondents did number pay any heed.
The said respondents companyld number furnish the bonds and thus, the Magistrate sent both of them to judicial custody.
On the companytrary, the learned companynsel appearing for the respondent number.
Token companypensation to the tune of Rs.25,000/ has been awarded to each of the said respondents without determining the factual companytroversy.
The High Court directed the police authorities to submit the status report.
The petition was heard on 31.10.2007 and has been allowed vide judgment and order dated 25.2.2008.
2 to 4 and awarded a companypensation of Rs.25,000/ each to the said respondents for wrongful companyfinement.
If the writ petitioners were aggrieved of the same, they companyld have challenged the same by filing appeal revision.
It had been brought to the numberice of the High Court that Sanjeev Kumar respondent number 3, had been threatening the police officials that his companysin Shri Aushutosh Kumar was a Metropolitan Magistrate in Tis Hazari Courts, Delhi and he would teach them a lesson for ever.
The appeals lack merit and are liable to be dismissed.
The said appellants tried to pacify them but in vein.
P.C. and produced before the Magistrate on the next day.
3 and 4 has opposed the appeals companytending that the appellants had violated fundamental rights of the companytesting respondents and detained them in jail without any justification, therefore, the matter is required to be investigated by the CBI or some other independent investigating agency.
P.C. and further asked to initiate criminal proceedings against the appellant number.2 to 4 and award them companypensation for illegal detention.
The said respondents filed Criminal Writ Petition No.264 of 2007 on 19.2.2007 before the High Court of Delhi praying mainly for quashing of the proceedings under Sections 107/151 Cr.
2 to 4 and the learned Magistrate, respondent number5 herein.
9868932336 had a talk with appellant number1 Rajender Singh Pathania, SHO, PS Samaipur Badli, at 10.00 P.M. on his mobile No.
Hence, the appeals deserve to be allowed.
P.C. and were produced before the Special Executive Magistrate hereinafter called the Magistrate on 4.2.2007.
It was further pointed out that Shri Aushutosh Kumar, MM, Tis Hazari Courts, Delhi from his mobile No.
Shri P.P. Malhotra, learned Additional Solicitor General appearing for the State of NCT Delhi and Shri Pradeep Gupta, learned companynsel appearing for the appellants, have submitted that both the said respondents had been under the influence of liquor and were fighting with each other at a public place, thus, there was danger of breach of peace and tranquillity.
The relevant part of the medical report dated 3.2.2007 made at 8.00 p.m. in Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delhi reads as under Smell of alcohol Patient had been irritating and misbehaving with the doctor and staff No further investigation or inquiry had been companyducted on the charge of abusing, threatening and quarrelling by the writ petitioners with each other.
After realising that they were in drunken companydition the aforesaid appellants took both the said respondents to the hospital for medical examination wherein they misbehaved with the Doctor and other staff of the hospital.
FACTS On 3.2.2007, Constable Virender Kumar, Head Constable Krishan Singh and Constable Jai Kumar, appellant number.
9810030663 for more than three minutes on 3.2.2007.
The status report had been submitted before the High Court after having proper investigation, stating that the writ petitioners had been under the influence of alcohol and been abusing, threatening and quarrelling each other at the public place.
They had been booked under Sections 107/151 Cr.
Appellants had number been served personal numberices and had numberopportunity to defend themselves.
Hence, these appeals.
In the writ petition, admittedly, altogether there were seven respondents, including the present appellants and the Magistrate who had passed the order under Sections 107/151 Cr.
The writ petition came for hearing on 26.2.2007.
Factual averments made in the writ petition were totally false.
3 and 4 directed Central Bureau of Investigation hereinafter called CBI to investigate the case in respect of the allegations made by the said respondents against the appellant number.
Most of the respondents before the writ companyrt had been impleaded by name in personal capacity making allegations of exceeding their powers and abusing their positions.
The medical report reveals that they were intoxicated.
Thus, numbere of them had an opportunity of appearing before the High Court.
Token companypensation has rightly been awarded by the High Court.
Such a petty matter does number require to be investigated by the CBI.
The standing companynsel appearing for the State took numberice on behalf of all the respondents in the writ petition.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
The Magistrate had passed the release order of the said respondents, however, they companyld number be released because they failed to furnish the personal bond with a surety in the like amount.
The Magistrate after companypleting legal formalities directed that they may be released on furnishing the bonds to the tune of Rs.5,000/ each with a surety in the like amount.
P.C. Record of the case reveals that the matter was listed for the first time on 26.2.2007 and the learned standing companynsel for the State accepted numberice on behalf of all the seven respondents therein.
The Magistrate issued show cause numberice as to why they should number be ordered to execute personal bond of Rs.5,000/ each with a surety in the like amount for maintaining peace for a period of one year.
Dr. B.S. CHAUHAN, J. Leave granted in both the matters.
The said respondents were booked under Sections 107/151 of the Code of Criminal Procedure, 1973 hereinafter called Cr.
These appeals have been preferred against the same judgment and order dated 25.2.2008 passed by the High Court of Delhi in Writ Petition Crl.
No.264 of 2007 by which the High Court has quashed the criminal case registered against respondent number.
The order impugned has been passed in flagrant violation of the principle of natural justice.
The said respondents furnished the bond of Rs.15,000/ each on the next day, i.e., 5.2.2007 and were released.
The said respondents were number in a position to submit the bail bonds on the said date and thus, companyld number be released on 4.2.2007.
When they were taken to the hospital for medical check up they were found intoxicated, and they misbehaved with the doctor and staff of the hospital also.
The appellant number1 after making an inquiry in the case submitted the status report on 10.7.2007.
