Allahabad, Feb 22: High Court awarded Rs 1 lakh compensation to a man who was wrongfully arrested in a molestation and attempt to rape case despite the absence of any credible information.
Investigations revealed that the petitioner was not present in Gorakhpur on the date of the alleged incident. Although a final report was initially submitted, Magistrate directed further investigation.
Eventually, on 14 July 2022, criminal proceedings were dropped after the complainant failed to appear before Court despite repeated notices.
Aggrieved by his unlawful arrest, petitioner approached Allahabad HC seeking compensation u/s 18(a)(i) Protection of Human Rights Act, alleging violation of his fundamental rights under Article 21 of Constitution.
The petitioner contended that he was arrested without any credible evidence, in clear violation of Article 21. He also relied on the findings of a departmental inquiry, which held the arresting police officer guilty of negligence and imposed punishment.
Court emphasized that arrest without warrant is permissible only when there is “credible information” and “reason to believe” that the accused committed a cognizable offence, and that deprivation of personal liberty must strictly follow the procedure established by law.
Court noted that the police neither verified the place of occurrence nor examined any alleged passerby witnesses, yet proceeded to arrest the petitioner from another city after a considerable delay.
Concluding that petitioner’s fundamental right had been violated due to an illegal and negligent arrest, Allahabad High Court awarded Rs. 1 lakh compensation.
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