Dismissed

Prabhakar Tulshiram Patil v. Subhash Kuber and Ors.

Bombay HC10 Feb 2005WP/1391/2004

Case brief

AI extract

What is this about?

In a criminal writ petition challenging an impugned order alleging police assault, the court rejected the petition due to lack of material evidence, specifically noting the certificate lacked a doctor's signature and did not specify injury details.

What did the court decide?

Petition rejected due to absence of material evidence supporting allegations of assault and injuries.

Prabhakar Tulshiram Patil Vs Subhash… — Constitutional and Fundamental Rights | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 APPELLATE JURISDICTION
 CRIMINAL WRIT PETITION NO.1391 OF 2004

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 Shri Prabhakar Tulshiram Patil. .. Petitioner

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Vs.

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 Shri Subhash Kuber, Sr.PI.& Ors. .. Respondents
 --

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 Shri Rahul S. Thakur for the Petitioner.

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 Shri V.A.Sugdare for Respondent No.1.

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 Shri D.S.Mhaispurkar, APP for Respondent-State.

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--

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 CORAM : R.M.S.KHANDEPARKAR &
 P.V.KAKADE, JJ.

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 DATED : 10th February, 2005.

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 1. The learned Advocate appearing for the

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 petitioner states that he had sent a registered letter

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 to the petitioner and also had a telephonic
 conversation with him asking him to furnish the
 necessary materials as regards the alleged injuries
 suffered by him on account of the alleged assault by
 the police personnel. The learned Advocate further
 states that the petitioner has not furnished any
 material in that regard till today.

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 2. Upon hearing the learned Advocate for the

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 petitioner and on perusal of the impugned order, it is
 seen that apart from making wild allegation of assault
 and injuries, there is no material on record in
 support of the said allegation. A typed copy of the
 certificate alleged to have been issued by Dr.Ashok
 M.Ghodke and Dr.Babita A.Ghodke has been filed along
 with the petition, which is at page 9 of the petition.
 The certificate does not bear the signature of any
 doctor nor it discloses that really such a certificate
 was issued by any of those doctors. No credence can
 be given to such a typed copy which does not bear the
 signature of the doctor. That apart, even typed copy
 of the certificate does not disclose the exact nature
 of the injuries. In the absence of any material in
 support of the allegation of assault and injuries,
 there is no case made out for interference in the
 matter. The petition is therefore rejected.

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 ( R.M.S.Khandeparkar, J )

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 ( P.V.Kakade, J )

Prabhakar Tulshiram Patil v. Subhash Kuber and Ors.

Case brief

What is this about?

What did the court decide?

Prabhakar Tulshiram Patil v. Subhash Kuber and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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