IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.958 of 2007 MURARI KRISHNA SAHAY Versus STATE OF BIHAR & ORS ----------- 4 06.03.2009. Heard learned counsel for the parties. 2. In the instant writ petition, the petitioner prays for directing the respondents for taking suitable action against respondent nos. 2 and 3 as they humiliated him by detaining him in police station without any authority of law from 8 pm to 11 pm on 13.7.2007. 3. It is submitted on behalf of the petitioner that respondent nos. 2 and 3, namely, Sri Onkar Nath Sharma, the then Officer in charge of Khagaul Police Station, Patna and Sri Uma Shankar Prasad, SI posted at Khagaul Police Station , Patna at the relevant time detained him in police station illegally in connection with alleged information dated 13.7.2007 filed by his wife, namely, Neelam Sahay in which she had made allegation that petitioner unlocked her house and took away the house hold materials with him when she was away from the house on 11.7.2007. 4. The petitioner submits that there is no question of taking away any house hold materials surreptitiously. He is a Railway Employee and had vacated the said quarter on 12.7.2007 for which inventory, annexure 2 had also been prepared. 5. The petitioner submits that the no person can be detained in police station without any specific case or definite cause. He submits that detention of a person without due authorization of law would affect his right enshrined in Article 21 of the Constitution of - 2 - India. 6. Leaned counsel for the State referring to counter affidavit submits that on account of differences, petitioner and his wife were living separately. On 12.7.2007 wife of petitioner lodged a complaint with the police giving rise to Miscellaneous Register entry no. 29 of 2007 that when she was away from her house on 11.7.2007, the petitioner took away her cot, table, chairs, fan, kitchen utensils and other household things. It appears that Neelam Sahay wife of petitioner filed a compromise petition on 13.7.2007 contained in annexure A wherein she stated that she has got back all her belongings. 7. Having heard the parties this Court is of the view that the police has no authority to detain a person in police custody without there being a substantive case against him. The petitioner ought to have been left by police after making due enquiry in stead of being detained overnight as asserted by the petitioner. In the circumstances, if the petitioner files an application before the Superintendent of Police, Patna he will cause an enquiry to be made into the incident. The writ petition is disposed of. Shashi. (S.P.Singh,J)