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2013 Supreme(Bom) 2167

K.U.CHANDIWAL, A.I.S.CHEEMA
Dattatraya – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M.M. Nerlikar, Advocate.
For the Respondents:K.G. Patil, APP, R2 to R5, Smt. Anjali Dube, Advocate.

Judgment :

K.U. Chandiwal, J.

1. Heard finally. On 3rd April, 2013, Rule was issued returnable on 17th June, 2013.

2. The petitioner has prayed to declare that he was illegally detained by respondent nos. 2 to 5 and to direct respondent no.1 to initiate departmental inquiry against respondent nos. 2 to 5 for such illegal detention. He has also urged for a Mandamus or a writ in the nature of Mandamus for grant of compensation of Rs. 5,00,000/-(Rs. five lacs) for his illegal detention, from respondents.

3. On 1.11.2012, after hearing Counsel for the petitioner and perusal of the record, Superintendent of Police, Ahmednagar, was directed to conduct inquiry in the subject matter and to file affidavit, answering each paragraph of the petition. On 31st Jan., 2013, Division Bench noticed that inquiry has not been conducted by the Superintendent of Police but, he has secured a report from Sub Divisional Police Officer and filed an affidavit on that basis. Consequently, Special Inspector General of Police, Nashik Range, Nashik, immediate superior officer of the Superintendent of Police, Ahmednagar, was directed to conduct an inquiry himself into the grievances represented in the writ peti






























































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