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2002 Supreme(Bom) 102

D.S.ZOTING, S.S.PARKAR
Baban Khandu Rajput – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - S.S. PARKAR, J.:---This petition has been filed seeking direction against the respondent Nos. 1 to 3 for holding inquiry against respondent No. 4, who was at the relevant time Incharge of Newasa Police Station and for payment of compensation for the illegal detention of the petitioner between 5-5-1992 to 7-5-1992 and also for taking appropriate action against the respondent No. 4 and respondent No. 5 Executive Magistrate, Newasa, for depriving the petitioner of his personal liberty by abusing the legal process.

2. Certain undisputed facts leading to the filing of the present petition are as follows.

One Uttam Jaywant Chavan was a witness in criminal case filed against the petitioner by Dhawale at C.R. No. 86 of 1988 for offence under sections 324, 504 r/w 34 of the Indian Penal Code. The date of the said complaint was 15-5-1988. Criminal case was already pending in the Court of Judicial Magistrate, First Class, Newasa. The complaint was lodged by the witness Uttam Chavan that threats were held out to him and, therefore, the petitioner came to be arrested on 5-5-1990 and kept in police custody and chapter proceedings were initiated against the petitioner under section 11



























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