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1983 Supreme(Bom) 48

V.S.KOTWAL
Mary Kutty Thomas & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - V.S. KOTWAL, J.:---The protector of the law is sought to be placed in the dock by a private citizen while one judicial forum practically removed him from that situation. The petitioner herein is the wife of one Thomas Kurian alias Khaja, residing in Sion area of this metropolitan city along with her husband and the children. Her husband runs a restaurant as also a wine shop located at Antop Hill Road for quite some time under the name and style as "Janith Restaurant and Janith Wine Shop." The wife claim that one Edward Albert Mathias and two of his associates were arrested by the Police attached to Matunga Police Station on July 28, 1982, for an office under section 307 and 353 of the Indian Penal Code and 66(1)(b) of the Bombay Prohibition Act. When they were produced before the 30th Court Kurla for remand, two of them ventilated a grievance that they have been illiterate by Shri Pawar, Deputy Commissioner of Police, Zone-V, whose office is located in the precincts of Matunga Police Station. The Court remanded them to judicial custody with a direction that they be medically examined.

2. The wife then gives her account in a very sorrowful manner how her husband was direct


















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