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2019 Supreme(Bom) 1515

IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
T.V. NALAWADE, S.M. GAVHANE, JJ.
Kisan Rupa Pawar — Appellant
Versus
State Of Maharashtra — Respondent
Criminal Writ Petition No. 955 of 2019
Decided on : 05-11-2019

Advocates:
Advocate Appeared:
A.S. Radikar, Adv., D.R. Kale, Adv.

Headnote:

Indian Penal Code,1860 - Sections 324, 323, 34 and 149 - Relief is also claimed of declaration t - Labour Contractor - Sugar Factory - Arrest Was Unnecessary – Illegal - Malafde Intentions - There was some private dispute between two sides and quarrel had taken place on that day and out of that quarrel both sides gave reports against each other - It was not that serious incident in which custodial interrogation was necessary - It is contended that petitioners were called in police station by police and then they were kept in lock up of police station from morning - It is contended that demand of money was made from them for not showing their arrest and for not keeping them in custody and when demand was not met with they were assaulted in police station by police officers named in petition and they were virtually robbed by taking cash amount from their person and gold ring of grams from petitioner - It is contended that their mobile hand sets were also taken away by police ofcers of Pishor Police Station – Held, Petitioners were kept illegally in police lock up atleast - After that they were shifted for taking them to concerned Court - Thus there was illegal detention of atleast four hours in present matter - Record is produced to show that petitioner was working as labour contractor - Other record in respect of petitioner is produced to show that had appeared for third year B.Sc. examination in University Aurangabad - Thus it appears that he was graduate when he was arrested - When youngsters like petitioner are involved in such pity offence police needs to show sensitivity - Due to action of police entire future and career of such youngster gets destroyed - Present case shows that police did not show any such sensitivity and things are otherwise - Considering status of parties and period for which they were illegally detained huge amount of compensation can be granted - Petition Is Partly Allowed.

JUDGMENT :

T.V. Nalawade, J.

Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

2. The petition is fled for direction to respondents to see that crime is registered against the concern police officers for illegal detention of the petitioners in police station and in respect of the incident in which the petitioners were assaulted by police. The relief is also claimed of declaration that their arrest was illegal and handcuffing was also illegal and relief of direction is claimed against the respondents for giving compensation of Rs.2,00,000/- (Rupees two lakh) to the petitioners.

3. Two crimes were registered on 9.5.2019 in Pishor Police Station, Aurangabad Rural. The first report was given by the present petitioners and on that basis crime at C.R.No. 98/2019 was registered for offences punishable under sections 324, 149 etc. of Indian Penal Code ('IPC' for short) against Omkar Chandu Pawar and others. On the same day, Omkar also gave report to police and on the basis of his report, crime came to be registered for offences punishable under sections 324, 323, 34 etc. of IPC against the petitioners. Petitioner No. 1 is father of petitioner No. 2. It is the contention of petitioner No. 1 that he is a labour contractor and he supplies labour force to the sugar factory. It is the contention of petitioner No. 2 that he is a student and it is contention of both the petitioners that their arrest was unnecessary and it was illegal, but it was made with malafde intentions.

4. Copies of F.I.Rs. of aforesaid two crimes are on the record. They show that there was some private dispute between the two sides and quarrel had taken place on that day and out of that quarrel, both the sides gave reports against each other. It was not that serious incident in which custodial interrogation was necessary. It is contended that on 31.5.2019 the petitioners were called in police station by the police and then they were kept in lock up of the police station from morning till 2.00 p.m. It is contended that demand of money was made from them for not showing their arrest and for not keeping them in custody and when the demand was not met with, they were assaulted in the police station by the police officers named in the petition and they were virtually robbed by taking cash amount of Rs.4,000/- from their person and gold ring of 10 grams from petitioner No. 1. It is contended that their mobile hand sets were also taken away by the police ofcers of Pishor Police Station.

5. It is the contention of petitioners that when they refused to give amount of Rs.20,000/-, which was demanded by police, they were handcuffed and they were made to walk from police station up to the S.T. stand and by S.T. bus they were taken to Kannad Court of Judicial Magistrate, First Class (J.M.F.C.) and from the S.T. stand of Kannad, they were made to walk up to the Court when they were handcuffed. It is contended that, that was done only to humiliate them as the demand of police was not met with by them. It is contended that when they were produced before J.M.F.C., the Magistrate made order of bail in their favour and they were released on bail by J.M.F.C.

6. It is the contention of petitioners that offences mentioned in Crime No. 99/2019 were all bailable and in view of that circumstance they could not have been kept in lock up by the police and police ought to have released them on bail. It is contended that the procedure required for making arrest was not followed and both the petitioners were illegally detained from 10.00 a.m. till their release by the Court of J.M.F.C. in the second session. It is contended that due to action of police, they were defamed in the society and the petitioner No. 2 will suffer irrepairable loss in his future as he was student at the relevant time. On various grounds including the grounds of mental agony, harassment, disrepute etc., the aforesaid compensation is claimed.

7. The respondents, police officers of the concerned

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