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2011 Supreme(Bom) 925

U.V.BAKRE, A.H.JOSHI
Nasimbanoo widow of Allanoorkhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. VINAY DAHAT, Adv., for the petitioner.
Mrs. T.D. KHADE, Addl. Public Prosecutor for respondent nos. 1 to 3.

A.H. JOSHI, J. :-

In this petition, the petitioner is the wife of deceased - Alla Noor Khan. She is claiming the compensation towards the liability of State on account of custodial death of her husband. According to her, the death was all outcome of brutal beating done to Alla Noor Khan by the police in public view.

2. Heard learned Adv. Mr. Vinay Dahat for the petitioner and learned APP Mrs. T.D. Khade for the respondents and perused the record.

3. Pacts, which are beyond dispute and debate, are that :

[a] On account of domestic dispute, petitioner had herself lodged a report against her husband, the deceased, in the Police Station.

[b] Without formally registering FIR. Alia Noor Khan was pulled, dragged to police station, was assaulted and beaten in public view.

[c] Alia Noor Khan collapsed on the spot, and treating him to be in a drunken state, police referred him for blood test for opinion as to alcoholism.

[d] The Medical Officer found him dead when brought and hence no test was conducted.

[e] Post-mortem examination was done.

[f] Considering the death. the matter was investigated by Asstt. Police Inspector of Slate Crime Branch who prepared the final report naming various police pe




































































































































































































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