In a strong message against misuse of police powers, the Chhattisgarh High Court has quashed criminal proceedings against a Bhilai-based hotel owner and directed the State to pay ₹1 lakh compensation for his illegal arrest and custodial harassment. The court held that the police acted in blatant violation of constitutional safeguards and statutory procedure while detaining the petitioner without any registered offence.
Background of the Case
The case arose from an incident dated 8 September 2025, when Akash Kumar Sahu, a hotel owner and law student, was picked up by police officials from Smriti Nagar, Bhilai.
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Sahu alleged that police personnel entered his hotel without authority, questioned guests, and later accused his staff of theft without any formal complaint. He claimed that despite no FIR being registered, he was forcibly taken to the police station, abused, assaulted, and later produced before the Sub-Divisional Magistrate under preventive provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
According to the petitioner, he was neither informed of the grounds of arrest nor issued any notice as required by law. He was sent to judicial custody and released only after his family arranged bail the next day.
Petitioner’s Stand
Appearing for the petitioner, counsel argued that:
- No FIR or cognizable offence existed against him
- Arrest under Section 170 BNSS was purely mechanical
- Mandatory safeguards under Articles 21 and 22 of the Constitution were violated
- Grounds of arrest were never communicated
- The Magistrate mechanically remanded him without applying judicial mind
The petitioner also alleged custodial violence and humiliation, stating that the arrest was part of continuous harassment by local police.
The State defended the police action, claiming that the petitioner had created a law-and-order situation during inquiry related to a missing person case. It argued that preventive action was necessary and that the petitioner’s family had been informed about the arrest.
However, the State admitted that no FIR was registered and that the action was taken under preventive provisions.
Court’s Observations
After examining records and affidavits, the Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal made sharp observations against the police and the Magistrate.
The court noted:
- No cognizable offence was registered against the petitioner
- Arrest was made only on suspicion
- Mandatory notice under Section 35(3) BNSS was not issued
- Grounds of arrest were not communicated in writing
- The Magistrate failed to examine legality before remand
“The arrest was not only unjustified but also unconstitutional,” the Bench observed, adding that preventive powers cannot be used as a tool of punishment.
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The court relied on Supreme Court rulings in Arnesh Kumar, Joginder Kumar, and Mihir Rajesh Shah, reiterating that failure to inform grounds of arrest renders custody illegal.
Court’s Decision
Holding the arrest and detention unlawful, the High Court:
- Quashed the entire criminal proceedings
- Set aside the order dated 8 September 2025
- Awarded ₹1,00,000 compensation to the petitioner
- Directed the State to pay the amount within four weeks
- Allowed recovery from erring officials after due inquiry
“The petitioner suffered illegal detention, humiliation, and loss of dignity. Such conduct strikes at the heart of constitutional governance,” the court said.
The Bench also stressed that police excesses erode public trust and must be dealt with firmly to preserve the rule of law.
Case Title: Akash Kumar Sahu vs State of Chhattisgarh
Case No.: WPCR No. 553 of 2025
Decision Date: 21 January 2026
