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

By way of background, the State police had filed a first information report (FIR) in 2021 against Gupta.

This FIR cited offences under Sections 147 (punishment for rioting), 427 (mischief), 504 (intentional insult with intent to provoke breach of the peace), 452 (house-trespass), 323 (hurt), 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

The High Court later passed an order in Gupta’s favour, after he filed a writ petition contending that he could not be arrested in connection with these offences since they were punishable with a jail term of seven years or less.

A corrected copy of the High Court order was made available on the Court’s website on December 18, 2021.

However, after the authorities came to know that the High Court had passed such a favourable order, Gupta was charged and arrested by the police on January 9, 2022, invoking powers to prevent a breach of peace under the CrPC.

Gupta was kept in custody throughout the night and produced before the SDM on January 10, 2022.

At this juncture, no bail application was filed. On January 11, 2022, Gupta submitted a bail application. However, the said bail application was not heard by the SDM until January 13, 2022.

He remained in custody in the meanwhile and was released only on January 13, 2022.

The detained man then filed a plea before the High Court seeking compensation for his unlawful detention.

Source: Barandbench

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