JUDGMENT : 1. These habeas corpus petitions under Article 32 of the Constitution of India have been filed on behalf of Durga Prasad Tomar and Mahendra Singh, both brothers, on the allegations that they were arrested by the Police without there being any case registered against them at any of the police stations. This Court on December 5, 1994 passed the following order: "We issued notice in this habeas corpus petition. The respondents have filed an affidavit wherein it is stated that Shri Durga Prasad Tomar and Shri Mahendra Singh on whose behalf this petition is filed were never arrested by the police. On the other hand, it is vehemently contended by the petitioners that both of them were arrested by the police and it was at the instance of Shri R.K. Varshnaya, General Manager of M/s. Metro Appliances Ltd., that the petitioners were released. We direct the Chief Judicial Magistrate, Ghaziabad to enquiry into this matter and submit a report within four weeks from today. Registry to send a copy of the paper book of this matter to the Chief Judicial Magistrate within three days from today. List the matter after four weeks." On receipt of the report by the Chief Judicial Magistrate, this Court on January 9, 1995 passed the following order: "The Chief Judicial Magistrate, Ghaziabad has submitted his report dated January 3, 1995. The concluding part of the report is as under: "I am of the confirmed opinion that Enquiry/Investigation Officer of the case crime No.388/94 under section 363/366/ 376 IPC. Police Station, Sector-39, Noida, Shri Shalendra Kumar Sharma, Sub-Inspector had taken Shri Durga Prasad Tomar and Mahendra Singh on 10.11.94 and 12.11.94 from their residences at Noida and Agra respectively, in his custody and took them to Mainpuri etc. to find out the whereabouts of their brother Prem Pal, who was named as an accused in F.I.R. of case crime No. 388 of 1994 under section 363/366/376 IPC., P.S. Sector- 39, Noida. When Shri Prem Pal could not be traced out at Mainpuri alsoboth these brothers Durga Prasad Tomar and Mahendra Singh were brought to P.S. Noida, where the Investigating Officer Shri Sharma kept them in his custody, constituting their illegal detention till 17.11.94. When Shri Prem Pal could not be traced out at Mainpuri alsoboth these brothers Durga Prasad Tomar and Mahendra Singh were brought to P.S. Noida, where the Investigating Officer Shri Sharma kept them in his custody, constituting their illegal detention till 17.11.94. The report is being submitted for kind perusal of the Hon'ble Court." We adjourn the hearing to 13.1.1995 to enable the learned counsel for the parties to read the report either in this Court or in the Registry. Registry to prepare two copies of the report for our assistance. We direct respondent No.4 - Shri Ram. Murthi Singh Yadav and respondent No.5 - Shri S.K. Sharma, to be present in this Court on 13.1.1995." Mr. A.K. Jain, Senior Superintendent of Police has filed an affidavit dated January 20, 1995 wherein it is stated that a case under section 342 I.P.C. has been registered against Shri S.K. Sharma, Sub-Inspector concerned at Police Station, Sector-39, Noida, Dist. Ghaziabad. 2. The report of the Chief Judicial Magistrate gives a clear finding that the, petitioners were kept in wrongful confinement for a period of 7 days by Mr. S.K. Sharma, Sub-Inspector, Police. We are of the view that in the facts and circumstances of this case, the petitioners are entitled to adequate compensation from the State Government. We direct the State of U.P. to pay a sum of Rs. 50,000/- (Rs. 25,000/- each to the two brothers) as compensation within two months from today for keeping the petitioners who are presumed to be respectable citizens of India, in wrongful confinement. The State Government, if so advised, may recover the amount from the officer responsible for the illegal confinement. We make it clear that the payment of compensation is without prejudice to the criminal proceedings which have already been initiated against Shri S.K. Sharma. 3. The writ petitions are disposed of.