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2023 Supreme(Bom) 10

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Sunita w/o Kalyan Kute – Appellant
Versus
State of Maharashtra Through it’s Principal Secretary, Department of Home Affair, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.R. Kedar.
For the Respondents: Mr. A.M. Phule, Mr. M.S. Bhosale.

JUDGMENT :

(Vibha Kankanwadi, J.)

1. The petitioner is the unfortunate mother of a 23 years old young person, who died for alleged police atrocities, more particularly present respondent Nos.4 and 5. Hence, she has filed the present writ petition for the directions to respondent Nos.1 to 3 and more particularly respondent Nos.4 and 5 to pay amount of compensation of Rs.40,00,000/- to her jointly and severally and also seeks further directions to recover the said amount from respondent Nos.4 and 5. She has also prayed for the disciplinary action against respondent Nos.4 and 5.

2. It will not be out of place to mention here itself that deceased Pradip Kalyan Kute was married to one Sunanda, however, from the death certificate issued by Songiri Grampanchayat, Tq. Bhoom, Dist. Osmanabad, of which true copy has been produced at Exh. ‘A’, Sunanda expired on 21.06.2020.

3. The factual matrix giving rise to the present petition are that the petitioner, her son Pradip and his wife Sunita were the sugarcane harvesters and labours. For the crushing season of 2018-2019 they had gone to Babanraoji Shinde Sugar and Allied Industries, Turk Pimpri, Tq. Barshi, Dist. Solapur. Pradip was the owner of T

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