ANAND AGRAWAL Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2015-8-138
HIGH COURT OF MADHYA PRADESH
Decided on August 10,2015

Anand Agrawal Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.)This petition was originally filed on 19.6.2009 and when it was filed, at that point of time, the following reliefs were claimed by the petitioner:
(i) Direct the respondent Nos.1 & 2 to initiate an impartial enquiry against the role played by the Respondent Nos.4 to 7 from such an investigating agency as may be directed by this Hon'ble Court with its report to the Hon'ble Court every week, including that of hatching of a conspiracy against the petitioner and his family, illegal detention for 4 days in Central Jail, Katni to enable the Respondent Nos.8 to 12 to destroy the property of the petitioner, his deceased mother & father by dispossessing and misappropriating the movable and immovable property, manipulating the Government Records, illegal confinement of petitioner's 80 year old bed ridden father, forging the documents, manipulating the so called submission, affidavits and power of attorney's by the petitioner's father and the huge amount received from the sale of various properties, the amount which was in the bank accounts the petitioner's father, the huge amount of income tax refunds received by the petitioner's father and the other misappropriation was routed to.

(ii) To direct them book these respondents by initiating disciplinary inquiry against them.

(iii) To direct to restore the possession of the petitioner including movable, immovable assets, household articles, cash, jewellery etc.

(iv) To direct the respondent Nos.1, 2 & 3 to make such arrangements to get released the 80 year ailing, bed ridden father of the petitioner from the illegal confinement by the Respondent Nos.8 to 12, admit in a private hospital in Jabalpur for his best possible treatment and take the action on the petition submitted by the eldest sister of the petitioner, under the Maintenance and Welfare of Parents and Senior Citizen Bill, 2007 on date 5.1.2008.

(v) To grant compensation of Rs.50.00 lakhs to the petitioner for his illegal arrest, detention in Central Jail, Katni and torture inflicted upon him and his family in last six years.

(vi) And also be pleased to issue any other writ/order/direction fit and proper in the facts and circumstances of the case.

(2.)As far as relief No.7(iv) and the interim reliefs are concerned, the same has been deleted. Now, the petitioner only wants an inquiry into the manner as to how the respondent Nos.4 to 7 have kept him under custody, illegally detained him for four days in the Central Jail, Katni and wants Rs.50 lakhs as compensation for the aforesaid illegal act.
(3.)The petition is pending since 2009 and on 12.11.2014, it was listed for final hearing, a Division Bench of this Court has held that since the relief of Habeas Corpus has been deleted, now only the question of payment of compensation is required and the counsel took adjournment to argue on that question. Accordingly, the case was adjourned on 12.11.2014. Then the case was listed on 23.4.2015 for final hearing before a Co-ordinate Bench of this Court and none appeared on behalf of petitioner on that date. This Court took note of all these facts and indicated that ordinarily in such a situation, the petition would have been dismissed for want of prosecution. However, considering the fact that the litigant should not suffer on the mistake of the Advocate and by way of last indulgence, the matter was deferred for final hearing and thereafter today it is listed for final hearing and the same is taken up for final hearing.


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