DAMJI TINGASA PADA Vs. THE SUPRINTENDENT

JUDGEMENT

(1.) Rule returnable forthwith. Heard by consent.

(2.) The petitioner has stated that he was apprehended by Gadchiroli Police on 5th August, 2009 and was shown arrested in three cases. During the course of his detention he was acquitted in one of the said three cases and was ordered to be released on bail in second case. As far as third and last case i.e. Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code is concerned, it is stated by the petitioner that he was tried and the case was fixed for judgment on 28th March, 2011. The petitioner was not physically produced before the Court on that day, nor was he produced through electronic video linkage. However, a police constable had carried his warrant to the Court to get endorsement of the Officer of the Court on the warrant in respect of result of the case or the next date of hearing, as the case may be. The petitioner, however, was not intimated as to what happened on 28th March, 2011. It is on 2nd April, 2011, when his brother had visited him in Prison, that the petitioner came to know that he had been acquitted in Crime No.03/2007 (Sessions Case No.126/2009) on 28th March, 2011. As such the petitioner should have been released from the prison in the morning of 29th March, 2011.

(3.) The petitioner was in prison on 2nd April, 2011 when his brother had visited him. The purpose of his brother's visit was only to find out as to why the petitioner had not been released from the prison despite the fact that he was no more required in prison. The petitioner had addressed this letter dated 02-4-2011 to this Court ventilating his grievance and praying for relief, which has been treated as criminal writ petition. The petitioner has prayed that (1) he be released from the prison immediately, (2) appropriate punitive action might be taken against respondent Nos.1 and 2, and (3) respondent No.3 might be directed to pay compensation to the petitioner at the rate of Rs.5000/- per day of illegal detention.