- (1.) Leave granted in both the matters.
(2.) These appeals have been preferred against the same judgment and order dated 25.2.2008 passed by the High Court of Delhi in Writ Petition (Crl.) No.264 of 2007 by which the High Court has quashed the criminal case registered against respondent nos. 3 and 4; directed Central Bureau of Investigation (hereinafter called 'CBI') to investigate the case in respect of the allegations made by the said respondents against the appellant nos. 2 to 4; and awarded a compensation of Rs.25,000/- each to the said respondents for wrongful confinement.
(3.) FACTS: A. On 3.2.2007, Constable Virender Kumar, Head Constable Krishan Singh and Constable Jai Kumar, appellant nos. 2 to 4 respectively while patrolling in the area found that Sanjeev Kumar Singh and Dalip Gupta, respondent nos.3 and 4 respectively were fighting with each other in an intoxicated condition. The said appellants tried to pacify them but in vein. After realising that they were in drunken condition the aforesaid appellants took both the said respondents to the hospital for medical examination wherein they misbehaved with the Doctor and other staff of the hospital. After medical examination, it was opined that both the said respondents had taken alcohol. B. The said respondents were booked under Sections 107/151 of the Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.') and were produced before the Special Executive Magistrate (hereinafter called 'the Magistrate') on 4.2.2007. The Magistrate issued show cause notice as to why they should not be ordered to execute personal bond of Rs.5,000/- each with a surety in the like amount for maintaining peace for a period of one year. The said respondents could not furnish the bonds and thus, the Magistrate sent both of them to judicial custody. The said respondents furnished the bond of Rs.15,000/- each on the next day, i.e., 5.2.2007 and were released. C. The said respondents filed Criminal Writ Petition No.264 of 2007 on 19.2.2007 before the High Court of Delhi praying mainly for quashing of the proceedings under Sections 107/151 Cr.P.C. and further asked to initiate criminal proceedings against the appellant nos.2 to 4 and award them compensation for illegal detention. The writ petition came for hearing on 26.2.2007. The standing counsel appearing for the State took notice on behalf of all the respondents in the writ petition. The High Court directed the police authorities to submit the status report. The appellant no.1 after making an inquiry in the case submitted the status report on 10.7.2007. The petition was heard on 31.10.2007 and has been allowed vide judgment and order dated 25.2.2008. Hence, these appeals. ;