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Bombay High Court

SURAJ ANIL PATELversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The petition is dismissed as there was no illegal detention by the police.

Summary

Suraj Anil Patel filed a criminal writ petition seeking Rs.10,00,000 compensation for alleged illegal detention from 22.08.2021 to 23.08.2021. The petitioner had been charged under Section 138 of the Negotiable Instruments Act, and a bailable warrant was ordered on 08.03.2021 after he failed to appear. By mistake, an arrest warrant was issued on 09.08.2021, leading to his arrest on 23.08.2021 and custody until 06.09.2021, after which he was released. The Court held that the police officer acted pursuant to the warrant and therefore did not illegally detain the petitioner. It also noted that the magistrate who issued the bailable warrant had been deleted from service. Consequently, the petition was dismissed for lack of substance.

Issues considered

  • Whether the petitioner was illegally detained despite the issuance of an arrest warrant issued in error.
  • Whether the petitioner is entitled to compensation for the period of detention.

Legislation cited

Subjects

  • illegal detention
  • compensation
  • bailable warrant
  • arrest warrant
  • Negotiable Instruments Act
  • criminal writ petition
  • magistrate

Judgment

2026:BHC-AUG:43526-DB

                                                    915 CRIMINAL WRIT PETITION NO. 1440 OF 2022




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                        915 CRIMINAL WRIT PETITION NO. 1440 OF 2022
                                        Suraj Anil Patel
                                             Versus
                             The State Of Maharashtra And Others
                   __________________________________________________________
                     • Adv. Bhosale Mahesh Kalidas for the Petitioner
                     • Mr. Rajdeep D. Raut, A.P.P. for State
                     • Adv. Anil M. Gaikwad for Respondent No. 3
                   __________________________________________________________

                                     CORAM     : SANDIPKUMAR C. MORE AND
                                                 VAISHALI PATIL-JADHAV, JJ.
                                     DATE      : SEPTEMBER 23, 2026

                   PER COURT :

                   1)             Heard.

                   2)             The petitioner is seeking compensation to the

                   tune of Rs.10,00,000/- for his illegal detention from

                   22.08.2021 to 23.08.2021.

                   3)             However, after going through the record, the

                   undisputed facts are as under: There was a complaint

                   against the petitioner under Section 138 of the Negotiable

                   Instruments Act, 1881, wherein summons was served upon

                   the petitioner. Since the petitioner failed to appear on the

                   given date, the concerned Magistrate, i.e. respondent no. 4,

                   who has subsequently been deleted, had issued bailable

                   warrant against the petitioner on 08.03.2021. However, it

                   seems that instead of issuance of bailable warrant against
                   Komal Kamble                                                  Page| 1 of 2
                                    915 CRIMINAL WRIT PETITION NO. 1440 OF 2022




the petitioner, arrest warrant was issued against him on

09.08.2021, pursuant to which he was arrested on

23.08.2021. The record shows that he was immediately

produced before the concerned Magistrate, who had taken

him in magisterial custody till 06.09.2021, but in fact

released him on the same day.

4)             Though it appears that pursuant to the order of

issuance of bailable warrant, by mistake, arrest warrant

was issued against the petitioner, but the concerned

serving officer must have followed the order of the Court

while executing the arrest warrant.

5)             Under such circumstances, it cannot be said

that the concerned police officer had illegally detained the

petitioner. Further, it is important to note that respondent

no. 4, i.e. the concerned Magistrate who had issued the

bailable warrant against the petitioner, is already deleted at

the   instance      of   the   petitioner     under        order      dated

19.10.2022. Therefore, considering all this, we do not find

any substance in the present criminal writ petition and the

same stands dismissed accordingly.



(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
          JUDGE                              JUDGE
Komal Kamble                                                     Page| 2 of 2


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