Illegal Detention -- Police Custody Without FIR -- Violation of Article 21 entitles compensation even without formal prayer for damages
Constitution of India, Art.21 -- Illegal Detention -- Police Custody Without FIR -- Detention of a citizen by police without registration of any cognizable offence amounts to violation of the fundamental right to life and liberty under Art.21 -- Proceedings under Sections 107 and 116 CrPC, meant to preserve public peace, cannot be invoked to cover up a private domestic dispute -- Where a fundamental right has been violated, a writ court can mould relief and award monetary compensation even without a formal prayer for damages -- Such compensation does not bar the person from pursuing a civil suit for damages, though any later award would account for the compensation already granted.
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