2011 (12) TMI 756

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....tered with Bapunagar Police Station under Sections 392 and 114 of Indian Penal Code. 2. We have heard Mr. V.N. Bhamare, learned counsel for the applicant and Mr. K.L. Pandya, learned APP for the State. 3. We may state that, as stated in the petition and the said aspect is not controverted and rather admitted by the learned APP during the course of hearing that the Criminal Case No.401 of 2004 in the Court of Chief Metropolitan Magistrate, which had arisen on account of the charge-sheet filed in connection with FIR vide C.R. No.126 of 2004 (which is the basis for arrest of Ishwarbhai D. Patni) has been disposed of by the concerned Court, as back on 18.07.2008 and the copy of the judgment is also produced, whereby the case is dropped ag....

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....ge the aforesaid aspect of termination of the proceedings in connection with the FIR, on the basis of which corpus Ishwarbhai Dahyabhai Patni was arrested by the police and the learned Sessions Judge also under the erroneous premise of pendency of the matter, rejected the bail application vide order dated 19th October 2011. 5. The illegality of effecting the arrest at the first instance and resistance of the bail application before the learned Magistrate and before the learned Sessions Judge at the second and third instance on behalf of the State can neither be countenance, but deserves to be strongly deprecated. Had the learned APP or the police officer acted with some sincerity and with the sense of responsibility, it would have been n....

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....nsidering the said aspect for awarding compensation. 8. However, learned counsel for the applicant has declared before the Court that on the aspect of any remedial measure, as an officer of the Court, he leaves the matter to the Court. 9. We find that such a serious thing deserves to be brought to the notice of the Secretary, Home Department, who will look into the matter and examine the aspects of remedial measure in order to see that such incidents are not repeated in future and the State may not be required to face further consequences in future, including that of liability of the State to pay compensation and the other action against the concerned erring officer. Hence, we direct the Secretary, Home Department to examine the same ....