Petitioner alleged assault during arrest and sought punishment of police personnel. The High Court held that without an investigation report, it cannot impose penal sentences in a writ petition and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Criminal Writ Petition No. 299 of 2012 [Gokuldas Rambhau Rangari Vs. State of Mah. & another]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Ms. S. H. Bhatia, Adv. [appointed] for the
petitioner.
Mr. R.S. Nayak, APP for respondents.
CORAM: P.V. HARDAS AND
M.L. TAHALIYANI, JJ.
DATE : 18th July, 2012.
A communication addressed by the
petitioner from jail has been registered as a
Criminal Writ Petition. When this petition was
listed for admission before us, we had
appointed Ms. S.H. Bhatia, learned counsel, to
represent the petitioner.
It appears that the petitioner complains
that while he was being arrested by the police
personnel of the Local Crime Branch, he was
assaulted. It further appears that no complaint
in this behalf has been filed by the petitioner
at any Police Station. The petitioner prays
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that the police personnel of the Local Crime
Branch, who are alleged to have thrashed the
petitioner, be punished in accordance with law.
In the absence of any report and
investigations into the alleged incident, in
the exercise of writ jurisdiction of this
Court, this Court cannot inflict any penal
sentence on the alleged offenders. In that
light of the matter, we, therefore, see no
merit in the present petition and the petition
is summarily dismissed with no order as to
costs.
Fees payable to the learned counsel
[appointed] for the petitioner are quantified
at Rs. 1500-00 [rupees fifteen hundred only].
JudgeJudge
|Hedau|
1 issue framed by the court
Whether the High Court can inflict penal sentences on police personnel for alleged assault in the absence of any investigation report under its writ jurisdiction.
1 provisions across 1 enactments
Gokuldas Rambhau Rangari
State of Mah.
P.V. Hardas
M.L. Tahaliyani
As recorded by the court registry
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