Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,561A

Criminal Procedure Code (V of 1898)-------Ss. 22-A & 561-A ---Powers of Justice of Peace under S.22-A, Cr.P.C.--Scope---Petition filed under S.22-A, Cr.P.C, by the petitioner for the registration of criminal case was dismissed by the Ex-officio Justice of Peace--Perusal of the record revealed that on 11.12.2024, while the petitioner was at home with his family, a woman contacted him requesting mushrooms for medicinal purposes---Petitioner responded that the product could be collected from his residence---Later that evening, at about 8:00 pm, six to seven individuals, some of whom were Police Officials, arrived in three vehicles and surrounded the petitioner's house---Without presenting a warrant, they forcibly entered the premises, threatened the petitioner, confiscated his personal belongings and proceeded to unlawfully arrest and detain him---Petitioner was taken to Police Station, where he was subjected to severe humiliation, harassment and unlawful confinement for nearly three and a half hours--During such illegal detention, the petitioner was mentally tortured and subjected to interrogation without any legal basis---Officials demanded access to his mobile phone, property details and other personal information---Upon the refusal of petitioner, they adopted a hostile, arrogant, and abusive demeanour, which reflected a gross misuse of authority and a blatant dereliction of official duty---Petitioner filed an application for registration of FIR against the corrupters/perpetrators before the Police Authorities, which was turned down--Petitioner, being dissatisfied with the decision of the Police Authorities, filed an application under Ss. 22-A & 22-B,Cr.P.C., before the Trial Court, which was also dismissed with the reasoning that no cognizable offence had been made out---Validity---In the present case, it was admitted fact that the petitioner was taken into illegal custody by the police without any warrant of arrest and nothing had been recovered from his possession, which showed that the petitioner was not doing any illegal business of narcotics---Actions of the police raised serious concern about whether they possessed the authority to arrest…