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2014 Supreme(Bom) 1481

S.S.SHINDE, P.R.BORA
Rafiq s/o Madar Gowli – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Advocate for Petitioners: Mr.K.C. Sant.
AGP for State/Respondents: Mr.G.K. Thigle.

JUDGMENT:

Shinde, J.

1. The learned Counsel appearing for the petitioners submitted that on 20th August, 2005, there was quarrel between the petitioners and one Chhotu Hasan Gowli and another person by name Shaikh Kasam Hasan Gowli near Mamaji Talkies in Bhusawal. The petitioners went to Police Station for lodging complaint against the said persons. However, the Police did not register the case. It is submitted that on 23rd August, 2005, the respondents No.3 took the petitioners to the Police Station and made them to sit for 4 hours without informing them anything as to why they were brought to the police station. Later on, the respondent No.3 asked the petitioners to pay Rs.10,000/stating that he would not register any case against Ganga Kanhaiya and Burhan Buddu but, would initiate proceedings under Section 107 of Cr.P.C., and would set them free. It is further submitted that the arrest of the petitioners on 23rd August, 2005 was without following the procedure. It is further submitted that though the petitioners were ready to furnish sureties, they were unnecessarily kept in arrest till 27th August, 2005. It is submitted that their representations to the various authorities inclu
















































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