IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.S. Shinde, J
Vaibhav Raosaheb Thorat v. State of Maharashtra
| Table of Content |
|---|
| 1. background and occasions leading to the fir. (Para 1 , 2 , 3) |
| 2. legal arguments on the plea of alibi. (Para 5 , 6 , 7) |
| 3. discussion on procedural irregularities in arrest. (Para 11 , 12 , 15) |
| 4. final determination on the legality of detention. (Para 17) |
1. Criminal Application No.1670 of 2019 has been filed under S.482 of the Code of Criminal Procedure , initially for quashing the First Information Report (for short "the FIR") vide Crime No. 322 of 2018 registered with Gangapur Police Station, District - Aurangabad on 17th October 2018 and by way of amendment, for quashing the proceedings in R.C.C. No. 261 of 2018 pending before the learned Judicial Magistrate First Class, Gangapur, District - Aurangabad for the offence punishable under S.324, S.143, S.148, S.147, S.149, S.323, S.504, S.506 of the Indian Penal Code. Whereas, Criminal Writ Petition No. 787 of 2019 is filed under Art.226 of the Constitution of India for directing the respondents to pay compensation of Rs.10, 00, 000/- for illegally detaining the petitioners for more than 23 hours. Since the facts are common and the applicants / petitioners are same, these two matters are proposed to be disposed of
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