JUDGMENT - A.V. SAVANT, J.:---This petition by the mother of Jitendra Tiwari, since deceased, alleges illegal detention of the deceased by the third respondent - Special Executive Magistrate - and mother also claims damages from the respondents for the un-natural death of Jitendra Tiwari at the hands of the respondents. While admitting this petition on 27th March, 1998, we have referred to the facts in detail and passed a reasoned order for issuance of rule. In the circumstances, we think it unnecessary to repeat the said facts. The order dated 27th March, 1998 may therefore, be treated as part of this order.

2. Pursuant to the direction given by us while issuing rule on 27th March, 1998, further affidavits have been filed before us. The concerned Executive Magistrate namely respondent No.

3 Shri. A.S. Deshbhartar, Assistant Commissioner of Police has filed his affidavit dated 16th April, 1998. He has also produced affidavit of Police Head Constable Shri. R.B. More sworn on 10th April, 1998. We have heard Smt. Behere for the petitioner, Shri. R.B. Patil, A.P.P. for respondent Nos. 1 and 2 and Shri P.M. Pradhan who is appointed as Special Counsel for respondent No. 3. In short, the g

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