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2024 Supreme(Online)(Bom) 1311

BOMBAY HIGH COURT
VINAY JOSHI, MRS. VRUSHALI V. JOSHI, JJ
NASIR ALIM HASHMI (MIR ABDUL NASIR HASHMI) AND 4 OTHERS – Appellant
Versus
STATE OF MAH. THR. PSO PS KURKHEDA GADCHIROLI AND 3 OTHERS – Respondent


Advocates:
Shri Mir Nagman Ali, Advocate for the petitioners.
Shri A.B. Badar, Additional Public Prosecutor for the State.
Shri Rajnish Vyas, Advocate for respondent no.3.

JUDGMENT

Vinay Joshi, J.

RULE. Rule made returnable forthwith. Heard finally with the consent of both sides.

2. The petitioners are seeking compensation on account of illegal arrest, consequential relief of initiating Departmental Enquiry against respondent no.3 Police Inspector and an action for contempt of Court.

3. The facts in brief are that, one Khushal Bansod has lodged report on 26.09.2022 on the basis of which crime has been registered with the Kurkheda Police Station, District Gadchiroli vide First Information Report No.136 of 2022 for the offence punishable under Sections 325, 294, 143, 147, 148, 149 of the Indian Penal Code, and Section 135 of the Maharashtra Police Act. It is the informant’s case that a Contract of collection of garbage was alloted to him. Petitioner no.1 Nasir Hashmi and Petitioner no.3 Vinod Meshram were dissatisfied by said allotment of contract and on said count, used to pick up quarrel. On 25.09.2022, around 10.00 p.m., while the informant was near panshop, the petitioners (accused) accosted him and abused in filthy language. Accused also assaulted him by means of stick, fists blows and kicks, and therefore, the report.

4. On the basis of said report, t

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