915 CRIMINAL WRIT PETITION NO. 1440 OF 2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 CRIMINAL WRIT PETITION NO. 1440 OF 2022 Suraj Anil Patel Versus The State Of Maharashtra And Others __________________________________________________________ • Adv. Bhosale Mahesh Kalidas for the Petitioner • Mr. Rajdeep D. Raut, A.P.P. for State • Adv. Anil M. Gaikwad for Respondent No. 3 __________________________________________________________ CORAM : SANDIPKUMAR C. MORE AND VAISHALI PATIL-JADHAV, JJ. DATE : SEPTEMBER 23, 2026 PER COURT : 1) Heard. 2) The petitioner is seeking compensation to the tune of Rs.10,00,000/- for his illegal detention from 22.08.2021 to 23.08.2021. 3) However, after going through the record, the undisputed facts are as under: There was a complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, wherein summons was served upon the petitioner. Since the petitioner failed to appear on the given date, the concerned Magistrate, i.e. respondent no. 4, who has subsequently been deleted, had issued bailable warrant against the petitioner on 08.03.2021. However, it seems that instead of issuance of bailable warrant against Komal Kamble Page| 1 of 2 2026:BHC-AUG:43526-DB 915 CRIMINAL WRIT PETITION NO. 1440 OF 2022 the petitioner, arrest warrant was issued against him on 09.08.2021, pursuant to which he was arrested on 23.08.2021. The record shows that he was immediately produced before the concerned Magistrate, who had taken him in magisterial custody till 06.09.2021, but in fact released him on the same day. 4) Though it appears that pursuant to the order of issuance of bailable warrant, by mistake, arrest warrant was issued against the petitioner, but the concerned serving officer must have followed the order of the Court while executing the arrest warrant. 5) Under such circumstances, it cannot be said that the concerned police officer had illegally detained the petitioner. Further, it is important to note that respondent no. 4, i.e. the concerned Magistrate who had issued the bailable warrant against the petitioner, is already deleted at the instance of the petitioner under order dated 19.10.2022. Therefore, considering all this, we do not find any substance in the present criminal writ petition and the same stands dismissed accordingly. (VAISHALI PATIL-JADHAV) JUDGE (SANDIPKUMAR C. MORE) JUDGE Komal Kamble Page| 2 of 2