IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.5967 of 2010 Kundan Kumar S/O Daya Nand Kuer R/O Vill Kaithma, P.S.Begusarai Mufassil, Distt-Begusarai Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar , Patna 2. The Director General of Police Bihar, Patna 3. The Senior Superintendent of Police Patna, Bihar 4. The Superintendent of Police Distt-Begusarai, Bihar 5. The Officer Incharge Matihani P.S., Distt-Begusarai, Bihar ---------------------------------- 03. 19.08.2011 Mr. Ashutosh Kumar, learned counsel for the petitioner and D. Choudhary, Assisting counsel to A.A.G. 13 for the State are present. The writ petition has been filed seeking compensation from the respondents for keeping the petitioner in illegal custody for more than 24 hours as the petitioner since after his arrest on 21.3.2008, was produced before the Chief Judicial Magistrate only on 25.3.2008, thus violating the provisions of Section 57 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’). Learned counsel for the petitioner while relying upon the order of the Chief Judicial Magistrate dated 25.3.2008 placed at Annexure-3 of the writ petition, submits that even if the date of arrest as provided by the Officer In-Charge is accepted to be on 22/23.3.2008, even then the respondents cannot escape the violation of Section 57 of the Code and which position has also been accepted by the Chief Judicial Magistrate who has observed that the petitioner since after his arrest on 23.3.2008 at 11.00 P.M. was produced in the court only on 25.3.2008 in the evening hours. He thus submits that there being a clear finding by a competent court as 2 to the violation of the mandatory provisions of Section 57 of the Code and the petitioner having remained in illegal custody for more than 24 hours, he is entitled to compensation. Be that as it may, this Court without expressing any opinion as to the merit of the claim, disposes of the writ petition affording liberty to the petitioner to seek his remedy before an appropriate forum by filing an appropriate application. S.Sb/- (Jyoti Saran, J.)