Advocates:
['PATIL PRADIP R AND P A PATIL', 'COPY SERVED ON PP', '', 'PP', 'MANTRI RAMESH R', 'SANCHETI RAHUL R', 'ADV V R DHORDE', 'V P NOT FILED', 'AGRAWAL BHOOMIT A']

criwp6-15.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION 6 OF 2015

1]

Subhash S/o Shankar Pawara

Age 31 years, Occ.Gram Sevak,

R/o Dhanaje (Bk.) Tq.Dhadgaon

Dist.Nandurbar.

2]

Ajay S/o Shankar Pawara

Age 21 years, Occ.Shop keeper,

R/o Dhanaje (Bk.) Tq.Dhadgaon

Dist.Nandurbar.

3]

Anil S/o Kuta Pawara

Age 24 years, Occ.Student

R/o Dhanaje (Bk.)Tq.Dhadgaon

Dist.Nandurbar.

.. PETITIONERS

Versus

1]

The State of Maharashtra,

Through Principal Secretary,

Home Department,

State of Maharashtra

Mantralaya, Mumbai-400032.

2]

The Director General of Police

Maharashtra State

Police Head Quarter,

Fort, Mumbai.

3]

The Deputy Inspector General of Police

Nashik Range, Nashik.

4]

The Superintendent of Police,

Nandurbar, Dist.Nandurbar

5]

Mr.M.Ramkumar

Age 34 years, Occu-

criwp6-15.odt

2

Superintendent of Police

Nandurbar, Dist.Nandurbar

6]

Mr.Shivaji Gavit,

Age 45 years, Occu-

Sub Divisional Police Officer

Shahada Division, Dist.

Nandurbar.

7]

Mr.Chandrakant S/o Popat Gangurde

Age 45 years, Occu-Police Inspector,

Pawarwadi Police Station, Malegaon

Tq.Malegaon, Dist.Nashik

8]

Mr.Nana Daulat Bagul

Age 48 years, Occ-Asst.Police

Sub Inspector, Police Head

Quarter, Office of Superintendent

of Police, Nandurbar, Tq. &

Dist.Nandurbar.

.. RESPONDENTS

[Respondent no.1 to 4 to be served

through Assistant Government Pleader,

High Court of Judicature of Bombay

Bench at Aurangabad]

-----

Mr.Pradip R. Patil Advocate for petitioners

Mr.V.M.Kagne APP for Respondents 1 to 4

Mr.R.R.Mantri, Advocate for respondents 7 & 8.

-----

CORAM : S.S.SHINDE &

MANGESH S. PATIL, JJ.

RESERVED ON : 13/11/ 2017.

PRONOUNCED ON :29/11/2017.

JUDGMENT ( PER MANGESH S. PATIL,J.) :

1]

Rule. Rule is made returnable forthwith. Heard finally

with the consent of all the parties.

criwp6-15.odt

3

2]

This is a Petition under Article 226 of the Constitution of India for

alleged violation of the fundamental rights of the petitioners guaranteed by

Articles 21 and 22 of the Constitution of India with following prayers :

“A]

By a writ of mandamus, orders or

directions in the nature of mandamus,

petitioners

be

granted

appropriate

compensation for their illegal detention on

30.10.2014 and illegal arrest on 03.11.2014

and 11.11.2014 contrary to the directions of

Hon'ble Supreme Court of India in Arnesh

Kumar and DK Basu's case.

B]

By a writ of mandamus, orders or

directions in the nature of mandamus,

respondents be directed to register criminal

case against the respondent no.7

Mr.Gangurde, Police Inspector Dhadgaon

Police Station, Dist. Nandurbar under

Prevention of Corruption Act and it be

investigated by an independent officer.

C]

By a writ of Mandamas the respondents

be directed to hold a departmental inquiry in to

the misuse of powers and illegalities

committed by Respondent no.7 Mr.Gangurde.

D]

By a writ of mandamus, orders or

directions in the nature of mandamus,

respondents be directed to hold a fresh

enquiry in Crime Register No.56/2014

registered with Dhadgaon Police Station

(Exhibit “F” page 27) by an independent

police officer and report be submitted before

this Hon'ble High Court.”

2]

Shorn of details, the petitioners' averments are to the effect that they

are residents of village Dhanaje (Bk) Tq. Dhadgaon, Dist.Nandurbar. The

petitioners 1 and 2 are full brothers and the petitioner no.3 is their paternal

cousin. Respondents 2 and 3 are the Director General and Deputy

Inspector General of Police of Maharashtra and Nasik Range respectively.

Respondent no.4 is the Superintendent of Police by designation.

Respondent no.5 was the Superintendent of Police holding the post at

criwp6-15.odt