Prisoner filed CWP alleging jail officer resided in the library, terror caused death of a clerk, and pressure caused another prisoner's death. The Court found deaths were natural and petitioner had no locus to file the petition, leading to summary dismissal.
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1 wp357.12.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR
CRIMINAL WRIT PETITION NO.357 OF 2012
(Raju Gulabrao Naranje ..vs.. The State of Maharashtra, through its Secretary, Home Department, Mantralaya, Mumbai and another)
Office Notes, Office Memoranda of Coram, ________________________________________________________________________________________________________________ Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Ms. S.B. Saikhede, Advocate (appointed) for the petitioner, Mr. T.A. Mirza, Addl.P.P. for the respondents.
CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ. DATED : AUGUST 14th, 2012.
A communication addressed by the petitioner from Jail has been registered as Criminal Writ Petition. When this petition had listed before us for admission, we had appointed Ms. S.B. Saikhede, learned Counsel to represent the petitioner in this petition.
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1-2-2008. The residential quarters were not available for all the officers and the staff and therefore, most of the staff was residing in the rented premises at Morshi. Senior Jailor Shri Bhoite was transferred to Open Prison Morshi on 1-5-2012 and since he did not have residential accommodation, as a temporary measure, Shri Bhoite was residing in the Library. Shri Bhoite had kept his luggage in the Library and used to sleep in the office premises. Subsequently, Shri Bhoite had taken accommodation on rent at Morshi and he shifted his luggage to his residential place.
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Writ Petition is sans merit and is, therefore, summarily dismissed with no order as to costs.
Fees payable to Ms. S.B. Saikhede, learned Counsel appointed for the petitioner, quantified at Rs.1,500/-.
JUDGE JUDGE
pma
3 issues framed by the court
Whether the petitioner has locus as a prisoner to challenge the residence of a jail officer in the library and the natural deaths of a clerk and another prisoner.
Whether there is an occasion for ordering investigation into the deaths occurring in the jail premises.
Whether the complaint of terror meting out pressure causing death has any merit.
Raju Gulabrao Naranje
The State of Maharashtra
P.V. Hardas
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
