The Allahabad High Court has awarded compensation to a Prayagraj resident after finding that he was unlawfully detained in police custody for about 24 hours in connection with a domestic dispute. The Court ruled that the detention violated the citizen's fundamental right to personal liberty under Article 21 of the Constitution and directed the State to pay compensation and litigation costs.
Background of the Case
The petition was filed by Matambar Mishra, who alleged that on November 26, 2022, he was forcibly taken from his home by a police officer and kept in custody until the following day. According to the petition, the detention stemmed from a complaint relating to a domestic dispute involving a family member.
Mishra further challenged an inquiry report that had rejected his allegations and argued that proceedings initiated under Sections 107 and 116 of the Criminal Procedure Code were later used to justify the police action.
During the proceedings, the State also acknowledged that preventive proceedings under Section 107/116 Cr.P.C. had been initiated despite the matter essentially involving a domestic dispute.
The Division Bench of Justice J.J. Munir and Justice Sanjiv Kumar noted that preventive proceedings meant for maintaining public peace could not ordinarily be invoked in a purely domestic dispute.
Referring to the facts placed before it, the Court observed that such proceedings are intended to protect public tranquility and not to address private family disagreements.
Examining the police officer's response, the Bench found that there was no clear denial of the allegation that the petitioner had been taken into custody and confined in the police lockup. The Court held that the absence of a specific denial significantly weakened the State's case.
The Bench observed:
“The fact of illegal detention would, therefore, be deemed to have been admitted.”
The Court further remarked that if the complaint was only about domestic violence, the matter should have been addressed through the remedies available under the law governing domestic violence rather than through police detention.
In a strong observation on personal liberty, the Bench said that the petitioner's constitutional rights had been violated when he was taken into custody without legal authority.
The Court stated:
“We are convinced that Dubey has recklessly violated the most fundamental essence of this most valuable fundamental right.”
Allowing the writ petition, the High Court held that the petitioner had been illegally deprived of his liberty and was entitled to monetary compensation. The Court directed the State authorities to pay ₹25,000 as ad hoc compensation and ₹10,000 as litigation costs within 30 days.
The Bench also granted liberty to the State to recover the compensation amount and costs from the concerned police officer through appropriate legal means, including recovery from his remuneration.
Case Details
Case Title: Matambar Mishra vs The State of U.P. and 3 Others
Case Number: Criminal Misc. Writ Petition No. 3807 of 2023
Judges: Justice J.J. Munir and Justice Sanjiv Kumar
Decision Date: 29 May 2026
