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2015 Supreme(Bom) 25
IN THE HIGH COURT OF BOMBAY AT AURANGABAD
S.S. SHINDE & A.I.S. CHEEMA, JJ.
Abhimanyu & Anr. – Appellant
Versus
The State of Maharashtra, Through Secretary, Home Department, Mantralaya & Ors. – Respondents
Criminal Writ Petition No. 720 of 2014 & Criminal Application No. 4891 of 2014
Decided On : 15-01-2015
For the Petitioners:R.S. Deshmukh h/f. V.V. Ingale, Shirish Gupte, Senior Counsel with A.D. Ostwal, Advocates. For the Respondents: R1 to R7, S.G. Karlekar, A.P.P.
The court emphasized the duty of the Officer in charge of Police Station to register the offence when information relating to the commission of a cognizable offence is given, and highlighted the availability of remedies under the Code of Criminal Procedure, including filing a private complaint under Chapter XV of the Cr.P.C.
Headnote:
Mandamus - Police Misconduct - Indian Penal Code, Prevention of Damage to Public Property Act, Code of Criminal Procedure - The court discussed the incident of police misconduct, the conflicting versions of the petitioner and the police, and the legal provisions related to the registration of FIR, investigation, and alternative remedies under the Code of Criminal Procedure. The court declined to invoke powers under Article 226 of the Constitution of India and declined to give directions to CBI, stating that the petitioner has ample remedies available under the Code of Criminal Procedure.
Fact of the Case:
The petitioner filed a Writ Petition seeking mandamus or any other order to register an FIR related to an incident of police misconduct. The petitioner alleged illegal arrest, unlawful confinement, and detention by the police. The police version of the incident differed from the petitioner's version, and the government had taken the complaint against the police officials seriously, suspending them and transferring the investigation to the CID. The petitioner sought CBI investigation, citing medical evidence of injuries.
Finding of the Court:
The court declined to invoke powers under Article 226 of the Constitution of India and declined to give directions to CBI, stating that the petitioner has ample remedies available under the Code of Criminal Procedure. The court observed that the matter was handed over to CID, and the petitioner could resort to private complaint under Chapter XV of the Cr.P.C. if he did not trust the police. The relief sought by the petitioner was declined, and the Writ Petition was rejected.
Issues: The conflicting versions of the incident between the petitioner and the police, the request for CBI investigation, and the availability of alternative remedies under the Code of Criminal Procedure.
Ratio Decidendi: The court emphasized that when information relating to the commission of a cognizable offence is given to the Officer in charge of Police Station, he is duty bound to register the offence, and if he fails, the Cr.P.C. provides remedies. The court also highlighted the availability of remedies under the Code of Criminal Procedure, including filing a private complaint under Chapter XV of the Cr.P.C. The court declined to invoke powers under Article 226 of the Constitution of India and declined to give directions to CBI, stating that the petitioner has ample remedies available under the Code of Criminal Procedure.
Final Decision: The court rejected the Writ Petition and declined to give directions to CBI, stating that the petitioner has ample remedies available under the Code of Criminal Procedure. The relief sought by the petitioner was declined, and the Writ Petition was rejected.
A.I.S. Cheema, J.
1. This Writ Petition has been filed by the Petitioner, resident of village Kangara, Tq. & Dist-Osmanabad for writ of mandamus or any other order of like nature to Respondent No.6 Police Inspector, Police Station, Bembli to register F.I.R. on the information given by the Petitioner on 21st June, 2014. Prayer is that the investigation should be conducted by C.B.I. in the F.I.R. to be registered relating to incident dated 26th May, 2014. Further prayer is that the Respondents should pay compensation to the Petitioner and other villagers of Kangara for illegal arrest, unlawful confinement and detention by Respondent No.5 Superintendent of Police, Osmanabad and Respondent No.6 Police Inspector, Police Station, Bembli.
2. According to the Petitioner, Women's Self Help Group had made grievances against illegal sale of liquor in the village Kangara. Police Patil of the village also, on 24th May 2014, informed the Police Station that some villagers are involved in illegal sale of liquor in the village and there is social imbalance and likelihood of breach of peace and harmony. On 26th May 2014, Women of the Self Help Group had gone to the Police Station, Bembli. Police asked them to seize the liquor and collect evidence. The ladies caught hold of one Shesherao Limbaji Rathod involved in selling of illegal liquor with a box of country liquor bottles and Plastic Can containing liquor. The Police were called to the village. Three Police Officials, (1) Head Constable Shridhar Pawar, (2) Police Constable Bhosle and (3) driver Police Constable Shinde from the Police Station, Bembli reached the spot on 26th May 2014 at about 8.30 p.m. These Police Officials, instead of taking action against Shesherao Rathod, threw the liquor from plastic can by kick and asked Shesherao Rathod to run away. Sheshrao ran away with the country liquor bottles. Because of this, ladies of the village Kangara questioned the conduct of the Police. In the process, Mangalsutra of one lady, namely Mahadevi Gangadhar Malge was snatched. The ladies were assaulted with fists and kicks. Due to illegal conduct of the Police, there was exchange of words between the villagers and Police Personnel. Shri R.A. Bansode, A.P.I. attached to the Police Station Bembli, received information about the unrest in the village and came to the village. He also faced anger of the villagers. Instead of taking action against the said Police, A.P.I. Bansode informed the Superintendent of Police, Osmanabad Sachin Patil. The Superintendent of Police came along with Deputy Superintendent of Police Smt. Vaishali Kadukar to the village at about 11.00 11.30 p.m. along with 150 to 200 Police personnels of Antiriot squad. Without making inquiries, the Superintendent of Police directed that the villagers should be arrested. The Police became uncontrollable and broke open doors of the houses and started assaulting villagers. Villagers were beaten and 46 men and 8 women were arrested and taken to the Police Station. They were detained till 10.00 p.m. of 27th May, 2014 without being given medical aid. At about 10.00 p.m. on 27th May 2014, Police sent 7 villagers to the hospital. One Satish Gurav sustained fracture to his left leg.
There was public cry and media gave wide publicity to the incident and Home Ministry appointed Inspector General of Police, Nanded to inquire and submit report. Inspector General of Police, Nanded submitted report and only departmental action came to be taken against the three Police personnels and A.P.I. Bansode and they were suspended. Crime was not registered against the Police or the Superintendent of Police and the Deputy Superintendent of Police. The Petitioner tried to file report at the Police Station but the same was not received. Petitioner sent report dated 21st June, 2014 to P.S.I. Police Station Bembli, but offence was not registered. Hence the present Petition.
3. The other version of the alleged incidents is the version of the Police. Record s
