Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Police Rules, 1934, R.22.48---Habeas corpus application---Applicant sought release of his nephew who allegedly was under wrongful confinement at Police Station---Allegation by applicant was that S.H.O. and other staff of the Police Station arrested the detenu from Civil Hospital where he was performing his duty, he was constantly tortured at Police Station and that no entry of detenu's arrest and detention was made in the record of Police Station---Magistrate duly appointed visited Police Station concerned and found detenu confined in lock-up, but no entry was in Roznamcha regarding arrest of the detenu---Magistrate in his report had stated that detenu was in a very serious condition and marks of violence were visible on his body---S.H.O. concerned gave conflicting report stating that he called the detenu for investigations in case/crime under Ss.457 & 380, P.P.C. and Hudood Laws and that entry to that effect was made in daily Station Diary---High Court, in view of said conflicting statements directed District and Sessions Judge to enquire into the matter and District Sessions Judge appointed Additional District & Sessions Judge who, after conducting inquiry, found that statement made by S.H.O. and affidavit filed by him, were false, concocted and were incorrect, whereas report submitted by the Judicial Magistrate, was correct and that no mala fide was found on part of Magistrate and that no enmity was alleged against Magistrate by Police Officer---Detenu was kept by S.H.O. in illegal confinement without any entry and without any mashirnama and that purported entry in Daily Diary Register were manipulated by S.H.O. in a clumsy attempt to avoid legal consequences of his illegal, mala fide and despotic acts---Detenu was confined to lock-up of Police Station without any entry or record in clear violation of R.22.48 of Police Rules, 1934, which rule essentially required recording of events of arrest and detention by police---S.H.O, was also liable for committing perjury before the Courts by making false and misleading statements on oath and also for his attempt to obstruct the course of justice---High…

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