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2023 Supreme(Bom) 1715

PRAKASH D. NAIK
Mehrunnisa Kadir Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Yug Mohit Chaudhary, Advocate, Niranjan Mundargi, Advocate, Laxman R. Shahapur, Advocate, Rohit Mishra, Advocate, Kartikey Mishra, Advocate, H.S. Venegavkar, Advocate, Arfan Sait, Advocate

Judgement Key Points

Based on the provided legal document, the case involves allegations of custodial death of Altaf Kadir Shaikh and the subsequent investigation and proceedings. The key points are as follows:

  1. The deceased was taken into police custody and was found dead on the same day, with evidence suggesting external and internal injuries, including contusions and subarachnoid hemorrhage (!) (!) (!) (!) (!) (!) (!) (!) .

  2. Multiple medical opinions indicate that the cause of death could be due to head injuries caused by external trauma, such as contusions and subarachnoid hemorrhage, or due to toxicity from substances like Alprazolam and Ethyl Alcohol, with some opinions favoring trauma as the primary cause (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  3. The investigation initially supported the view that the police officials had committed acts of conspiracy, assault, and wrongful confinement, with evidence such as missing station diary entries and absence of arrest memos supporting allegations of illegal detention and assault (!) (!) (!) (!) .

  4. The order of a special judge to transfer proceedings was challenged, and the court emphasized that there was sufficient evidence to frame serious charges, including homicide, based on injuries and the circumstances of custody (!) (!) (!) (!) (!) .

  5. The court highlighted the importance of examining whether the death was caused by external injuries or other factors like intoxication, and noted that conflicting medical opinions should be considered during trial, with the final determination of cause of death to be made during the trial process (!) (!) (!) .

  6. The legal proceedings involved multiple stages, including investigation by the CBI, filing of charges, and judicial orders to frame charges under various sections of the IPC, with particular focus on conspiracy, assault, and wrongful confinement, and the need for a speedy trial was underscored (!) (!) (!) (!) (!) (!) .

  7. The court recognized that the acts of police officials, such as assault and illegal detention, could amount to violations of fundamental rights and human rights, and that proceedings in cases of custodial death are to be tried expeditiously in designated courts for human rights violations (!) (!) (!) (!) .

  8. The final order directed the trial court to reframe charges appropriately, ensuring that offences under sections related to homicide and related violence are properly prosecuted, and emphasized the importance of proceeding with the case in accordance with law and within a specified timeframe (!) (!) (!) (!) .

In summary, the case revolves around allegations of custodial torture leading to death, conflicting medical opinions on the cause of death, procedural issues regarding transfer and framing of charges, and the necessity for an expedited trial to determine the actual cause and the criminal liability of the police officials involved.


Table of Content
1. challenge to order on grounds of improper transfer. (Para 1 , 2)
2. circumstances surrounding death of altaf kadir shaikh. (Para 3 , 4 , 5)
3. investigation findings and lack of prosecutable evidence. (Para 6 , 7 , 8)
4. arguments for framing charges under various ipc sections. (Para 11 , 12 , 13 , 14)
5. discrepancies in medical evidence regarding cause of death. (Para 16 , 21 , 22)
6. power to set aside erroneous order and frame appropriate charges. (Para 32 , 33)

JUDGMENT/ORDER

1. The Petitioner has challenged the order dtd. 3/1/2018 passed by learned Special Judge (CBI) below Exh.1 in Sessions Case No.826 of 2014 directing that the record and proceedings in C.C. No.1170/PW/2010 be transferred to Court of learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai for trial of offences punishable under Ss. 120-B r/w 323, 342 of INDIAN PENAL CODE (for short 'IPC').

2. The Petitioner is the mother of deceased Altaf Kadir Shaikh who according to her died due to custodial torture inflicted by the Accused/Respondent Nos.2 to 4.

3. The Petitioner's contention is that on 11/9/2009 at about 04:00 hours in the morning, the Petitioner heard a knock at her d

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