Orissa High Court Orders ₹30,000 Compensation For Man's Prima Facie Illegal Arrest Through Forged NBW

According to the petitioner, he was produced before the SDJM, Bhubaneswar and released later the same day. He further claimed that he was made to sign several blank sheets during the process. The petitioner asserted that he was neither an accused nor the informant in the case in which the warrant was purportedly issued.

Aggrieved by his alleged illegal arrest and detention, he approached the High Court seeking action on his complaint against the police officials concerned and compensation for the violation of his liberty.

Pursuant to an earlier order, the SDJM, Bhubaneswar submitted a report stating that no such non-bailable warrant dated November 20, 2024 had been issued against the petitioner. The report further revealed that the petitioner was neither an accused nor the informant in the case. It also noted that the case was registered as a G.R. case, whereas the forged warrant referred to a C.T. case, indicating that the warrant was fabricated.

The police, in a compliance affidavit, stated that the warrant bearing a counterfeit court seal had been received through Speed Post and was executed on that basis, denying any wrongdoing at the police station level.

Taking note of the SDJM's report and the police affidavit, the High Court held that a detailed enquiry was necessary into the issuance of the counterfeit warrant as well as the petitioner's arrest. It directed the SDJM, Bhubaneswar to inquire into the circumstances surrounding the forged warrant and the DCP, Cuttack to conduct a threadbare enquiry into the arrest made on the basis of the counterfeit warrant.

The Court further awarded ₹30,000 as compensation to the petitioner, observing that his illegal arrest and detention stood prima facie proved. It clarified that the amount would be recoverable from the police officials, court staff, or any other persons ultimately found responsible, depending on the outcome of the enquiries.