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2014 Supreme(Bom) 22

S.C.DHARMADHIKARI, G.S.PATEL
State of Maharashtra, through The Commissioner of Police, Pune – Appellant
Versus
Sagar Balu Ubhe – Respondent


Advocates appeared:
For the Petitioners:N.D. Pote, Advocate.
For the Respondents: Mrs. P.H. Kantharia, APP.

Judgment

G.S. Patel, J.

1. On 11th January 2013, a Division Bench of this Court passed a detailed order in this writ petition. The facts were briefly set out. Some of the documents were considered. The Court arrived at a prima-facie conclusion of non-compliance with the directions issued by the Supreme Court in D.K. Basuv State of West Bengal (1997) 1 SCC 416) in matters of illegal detention. The Division Bench directed the Principal District Judge, Pune, to nominate any Judicial Magistrate, First Class (not one dealing with any of pending cases in this matter) to hold an enquiry. The Judicial Magistrate was required to call for the record from the police, to allow the petitioner to adduce documentary and oral evidence and to issue witness summonses to the witnesses concerned. The police authorities, too, were allowed to lead evidence. The Judicial Magistrate was required to enquire into the petitioner’s allegations and, in particular, the allegations that the petitioner was illegally detained by the police from 25th to 30th January 2012. The Judicial Magistrate was required to submit a sealed report before 30th April 2013, and was also to forward the papers placed before him and th




































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