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2001 Supreme(Bom) 696

J.N.PATEL, P.V.HARDAS
Surendra s/o Ramchandra Taori – Appellant
Versus
State of Maharashtra through its Secretary Dept. of Home, Mantralaya & others – Respondent


JUDGMENT - J.N. PATEL, J.:---The petitioner, who is a journalist and working as reporter of Daily Hindusthan published from Amravati, is a resident of Malkapur town in Buldana district. The petitioner was required to invoke the extraordinary jurisdiction of this Court by filing the petition under Articles 226 and 227 of the Constitution of India as he came to be arrested and detained in custody under the impugned order passed by the respondent No. 2-Special Executive Magistrate and Police Inspector, Local Crime Branch, Buldana, District Buldana on 23-10-1999 in a proceedings initiated under Chapter VIII of the Code of Criminal Procedure, 1973.

2. It is the case of the petitioner that, as a journalist, he exposed the police machinery of Malkapur Police Station on having taken up some matters criticising the mal-practice and high handedness of the police personnel. One of such matter was relating to sensational murder case in Malkapur town which occurred in the month of September 1999. It is the case of the petitioner that, annoyed by such publications, the respondent Nos. 3 to 6 started harassing the petitioner and also booked him in a false case. On 24-9-1999, the petitioner was th



































































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