DR. RINI JOHAR & ANR. versus STATE OF M.P. & ORS.

DR. RINI JOHAR & ANR. versus STATE OF M.P. & ORS.

The arrest and detention of the petitioners was unlawful and violated statutory procedure and constitutional rights to liberty and dignity; compensation is warranted for their suffering; criminal proceedings are unsustainable as the dispute is civil in nature and not criminal; FIR and trial proceedings are quashed.

Parties
Petitioner: Dr. Rini Johar; Petitioner: Gulshan Johar; Respondent: State of Madhya Pradesh; Respondent: Deepak Thakur, Dy. S.P. Cyber Cell, Bhopal; Respondent: Yashank Adhyaru; Respondent: Ms. Sadhana Sandhu; Respondent: Ms. Rashmi Malhotra; Respondent: B. Ragunath; Respondent: R. R. Rajesh; Respondent: D. S. Mahra; Respondent: Ms. Sushma Suri; Respondent: Ashwani Kumar Dubey; Respondent: Mish:a Saurabh; Respondent: Ankit Kr. Lal; Respondent: Niraj Sharma; Respondent: Sumit Kumar Sharma; Respondent: Ms. Astha Sharma; Respondent: Puneeth K. G.
Jurisdiction
India
Judgment Date
03 June 2016
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Writ petition allowed
Legal Topics
Procedure of Arrest, Compensation for Unlawful Detention, Violation of Article 21, Public Law Remedy, Quashing of Criminal Proceedings
Constitutional Law Criminal Law Civil Law Human Rights Procedure of Arrest Compensation for Unlawful Detention Violation of Article 21 Public Law Remedy +1 more

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Parties

Dr. Rini Johar

Petitioner

Gulshan Johar

Petitioner

State of Madhya Pradesh

Respondent

Deepak Thakur, Dy. S.P. Cyber Cell, Bhopal

Respondent

Yashank Adhyaru

Respondent

Ms. Sadhana Sandhu

Respondent

Ms. Rashmi Malhotra

Respondent

B. Ragunath

Respondent

R. R. Rajesh

Respondent

D. S. Mahra

Respondent

Ms. Sushma Suri

Respondent

Ashwani Kumar Dubey

Respondent

Mish:a Saurabh

Respondent

Ankit Kr. Lal

Respondent

Niraj Sharma

Respondent

Sumit Kumar Sharma

Respondent

Ms. Astha Sharma

Respondent

Puneeth K. G.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether the arrest and detention of the petitioners violated procedure established by law and Article 21 of the Constitution of India
  2. 2 Whether compensation is appropriate for suffering and humiliation caused by unlawful arrest
  3. 3 Whether criminal proceedings against the petitioners should be quashed as the dispute is of civil nature

Ratio Decidendi

The arrest and detention of the petitioners was unlawful and violated statutory procedure and constitutional rights to liberty and dignity; compensation is warranted for their suffering; criminal proceedings are unsustainable as the dispute is civil in nature and not criminal; FIR and trial proceedings are quashed.

Court Disposition

Writ petition allowed

Orders

  • Compensation of Rs. 5 lakhs to each petitioner to be paid by State of Madhya Pradesh within three months
  • Criminal proceedings against petitioners, including FIR and trial, quashed