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BOMBAY HIGH COURT
M. S. Revankar, J
Mary Kutty Thomas v. Pawar D. C. P.-Zone-IV and Another
| Table of Content |
|---|
| 1. initial allegations of police misconduct (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial commentary on allegations and procedural outcomes (Para 7 , 8) |
| 3. interpretation of section 197 and public servant protections (Para 9 , 10 , 11 , 12) |
| 4. application of legal principles to current case (Para 13 , 14) |
| 5. concluded ruling and direction for case management (Para 15 , 16 , 17) |
1. The protector of law is sought to be placed in the dock by a private citizen while one judicial forum practically removed him from that situation. The petitioner herein is the wife of one Thomas Kurian alias Khaja, residing in Sion area of this metropolitan city along with her husband and the children. Her husband runs a restaurant as also a wine shop located at Antop Hill Road for quite some time under the name and style as "Janith Restaurant and Janith Wine Shop." The wife claims that one Edward Albert Mathias and two of his associates were arrested by the Police attached to Matunga Police Station on July 28, 1982, for an offence under S.307, S.353 of the Penal Code and S. 66(1)(b) of the Bombay Prohibition Act. When they were produced before the 30th Court Kurla for remand, two of them ventilated
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