JUDGMENT

T.V. Nalawade, J. - Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

2. Victim Shaikh Mohammad Shaikh Rustum was husband of one Smt. Shaikh Shama. He was living with Smt. Shama in village Koregaon Tahsil Kaij Dist. Beed. On 26th August 2015, he left home early in the morning in search of work as he was earning livelihood by doing labour work.

3. On 26th August 2015 at about 1.00 pm, Shaikh Raju, real brother of the deceased, received a phone call from his friend and the friend informed that Shaikh Mohammad was admitted in Government Hospital, at Kaij. After receiving this information Shaikh Shama, brother of the deceased and other relatives rushed to the Rural Hospital, Kaij. The condition of Shaikh Mohammad was serious, he had sustained injuries and from there, the police shifted Shaikh Mohammad to the S.R.T.R. Medical College & Hospital, Ambajogai. In the said hospital, the doctor declared that Shaikh Mohammad was already dead.

4. The widow, father and other relatives of the deceased tried to get information from police, who had taken Shaikh Mohammad to Kaij Hospital and Ambajogai hospital, but the police did not supply them the information. They only learnt that the deceased was arrested by police in a theft case. It was then informed that police were taking the deceased to aforesaid place, Koregaon, in a police van and, on the way, he jumped from police van and he sustained injuries. They did not believe the story given by the police. The relatives requested to register the crime against the police officers for offence of murder as they suspected that police had caused injuries which were found on the dead body. The police did not register the crime and then the widow, father and brother of the deceased filed Writ Petition No. 1451 of 2015 on 17th November 2015 in this Court. In Writ Petition No. 1451/2015 following reliefs were claimed:

"B. By issuing appropriate writ, order or direction in the like nature, this Hon''ble Court may kindly be pleased to transfer the investigation of the custodial murder of Shaikh Muhammed Shaikh Rustam from C.I.D., Beed to the Central Bureau of Investigation.

C. By issuing appropriate writ, order or direction in the like nature this Hon''ble Court may kindly be pleased to direct the Respondents to register the F.I.R. against the guilty policemen namely (1) Shankar Rathod (Batch No. 502), (2) Phuphate (Batch No. 1277), (3) Misal (Batch No. 1490) and the police driver namely (4) Yevle (Batch No. 2157) attached to the Shivajinagar Police Station, Beed for the murder of victim Shaikh Muhammed Shaikh Rustam.

D. The Respondent No.1 State of Maharashtra may kindly be directed to pay the compensation to the relatives of the deceased victim namely Shaikh Muhammed Shaikhy Rustam i.e. his parents, both wives, and 5 minor children including 3 girls and 2 boys.

E. The Departmental Inquiry may kindly be ordered against the guilty policemen namely (1) Shankar Rathod (Batch No. 502), (2) Phuphate (Batch No. 1277), (3) Misal (Batch No. 1490) and the police driver namely (4) Yevle (Batch No. 2157) attached to the Shivajinagar Police Station, Beed for the murder of victim Shaikh Muhammed Shaikh Rustam and submit the Report before this Hon''ble Court.

F. Any other just and equitable order or relief, which this Hon''ble Court may deem fit and proper, may kindly be passed, in favour of the present petitioners."

As per the record, present respondent No.1 Shri Rathod was Investigating Officer of the crime, in which Shaikh Mohammad Shaikh Rustum was arrested, was respondent No.7 in Writ Petition No. 1451/2015.

5. Writ Petition No. 1451 of 2015 was allowed on 16th August 2018 and the following reliefs were granted in the decision.

"II. The respondent State is hereby directed to pay an amount of Rs.5,00,000/- (Rupees Five lacs only) by way of compensation to petitioner No.1 and petitioner No.2, within three months from today.

III. a) We direct respondent No.3 Superinte