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2019 Supreme(Bom) 1560

T.V.NALAWADE, S.M.GAVHANE
Dnyaneshwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
V.D. Sapkal, Adv., D.R. Kale, Adv.

JUDGMENT :

T.V. Nalawade, J.

Rule. Rule made returnable forthwith. Heard both the sides by consent for fnal disposal.

2. The present proceeding is fled for declaration that the act of the respondents, police officers, of taking search of the house of the petitioner on the night between 5-5-2018 and 6-5-2018 was illegal and that was interference in the privacy of the petitioner and his family. Relief is claimed of compensation of Rs.10 lakh for infringement of fundamental right, right of privacy. Direction is also sought to prosecute the police officers involved in the house search for offence of trespass and other offences.

3. The incident in question took place on the night between 5-5-2018 and 6-5-2018 at about 2.00 a.m. The search of the house of the petitioner was taken by Newasa Police, District Ahmednagar. According to the petitioner, police had not obtained search warrant for taking such search and ultimately nothing objectionable was recovered from his house. It is contended that during search, one Constable by name Vitthal Gaikwad had tried to plant a country made pistol in his house but due to alertness of the petitioner he could not plant such arm. It is the contention of th

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