Haribhai Bhagwanbhai Bharvad vs State Of Gujarat

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI) Rule. Learned APP waives service of rule for the respondent-State.

1. This is a petition, seeking writ of habeas corpus or any other appropriate writ by the petitioner, against the alleged illegal detention by PI, Lakhtar, District: Surendranagar, i.e. Respondent No.2, of the Corpus- Gordhan Bhagwanbhai.

2. It is the say of the petitioner, who is the brother of the corpus- respondent No.4 that his brother is aged 43 years and police officials of Lakhtar Police Station forcibly took him away to the police station on 17.08.2020 and continued him in confinement, illegally. It is alleged that he was threatened to be saddled with false case, including the case of murder and his wife also was insulted and threatened.

R/SCR.A/3829/2020 ORDER

3. We have heard the learned Advocate, Mr. Barejia, for the petitioner, who has urged that possibly because the police came to know about the filing of the present petition, the corpus was produced before the Court of the learned JMFC, Lakhtar, only yesterday. He is, now, in judicial custody. He, therefore, admits that he is no longer in illegal confinement and this petitioner cannot be prosecuted any further. However, he has made grievance that the confinement of the corpus from 17.019.2020 to 27.08.2020 was, by all means, illegal. He, therefore, has urged that necessary directions be issued.

4. We, particularly, queried the learned Advocate, Mr. Barejia, as to whether any complaint is made to the learned JMFC, at the time of his production by Lakhtar Police Station officials and he submitted that he has not verified those details. As there is a full proof and detailed mechanism already established under the statute in case of a person, who is produced from the police custody, it is expected of him to reveal truth before the Court, if, any illegality is committed to him in police custody. At the same time, it will be necessary to make a mention that the corpus was being represented by an advocate, and therefore, possibly that aspect has already been taken care of and if, not done, the corpus can still agitate his rights before the Court concerned, as it was only yesterday, that he has been sent to the judicial custody.

5. In wake of the above, keeping all his rights open to complain before the court concerned as also to get himself examined by a Medical Board,if the court concerned so decides and to ask for any compensation, we deem it not to entertain this petition only for the said purpose of alleged illegal detention of the corpus by the police and all the legal remedies, available to him under the law, are kept open. If, any such, legal remedy is taken Page 2 of 3 Downloaded on : Sun Aug 30 17:23:34 IST 2020 R/SCR.A/3829/2020 ORDER recourse to, without being influenced by the disposal of this petition,the same shall be dealt with by the court, in accordance with law,bearing in mind the decisions on rights of detenue in the event of custodial violence.

6. Resultantly, this petition stands disposed of, as NOT ENTERTAINED. Rule is discharged.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./UMESH Page 3 of 3 Downloaded on : Sun Aug 30 17:23:34 IST 2020