Santosh S/O Tarachand Yadav v. the State of Maharashtra and Other

Bombay HC23 Feb 2017WP/486/2016

Case brief

AI extract

What is this about?

Petitioner challenged illegal detention and alleged bribe demand by police officials via criminal writ. Court noted prior fact-finding enquiry and disputed facts, declining to entertain the petition and rejecting its prayers.

What did the court decide?

Prayer for initiation of enquiry, direction to investigate, and compensation were rejected; petition stands dismissed.

What the court decided

AI extract

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486.2016 Cri.WP.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.486 OF 2016

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Santosh s/o.Tarachand Yadav,
Age- 30 yrs, Occ-Business,
R/o-Near Shivaji Putla, Behind
Vodafone Office Tq. & Dist.Jalna PETITIONER

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VERSUS

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1. The State of Maharashtra (Through Superintendent of Police Jalna, Dist-Jalna Copy to be served on Public Prosecutor, High Court, Bench at Aurangabad)

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2. Anil Vibhute, Police Inspector, Sadar Bazar Police Station, Jalna.

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3. Shailesh Diwanrao Shejul Police Sub-Inspector, Sadar Bazar Police Station, Jalna.

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4. Director General of Police, Old Council Hall, Maharashtra State Police Head Quarter, S.B.Marg, Colaba Mumbai-400039 [Added Resp.no.4 as per Court’s order dt.6.4.2016 and corrected name of Res.No.3] RESPONDENTS

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Santosh S/O Tarachand Yadav Vs the State of… — Writ and Judicial Review | Bombay HC (2017)

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the petitioner submits that there was illegal
detention of the petitioner by respondent
nos.2 and 3. Respondent nos.2 and 3 demanded
bribe. They threatened the petitioner. It is
further submitted that though the mother of
petitioner visited the police station and met
respondent nos.2 and 3, with a request to
release the petitioner, however, police
authorities have demanded Rs.10,000/- for
releasing the petitioner. It is further
submitted that certain information needs to
be called from the concerned authority. He
invites our attention to para nos.3 and 4 of

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respondent–State relying upon the averments
in the affidavit-in-reply on behalf of
respondent no.2 submits that FIR No.132/2016
for the offences punishable under Sections
353, 323, 504 and 506 of the Indian Penal
Code was registered with Sadar Bazar Police
Station, Jalna, against the petitioner by the
Bank Manager wherein it was alleged that, the
petitioner assaulted the Bank employees. It
is submitted that one Head Constable Shri

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further submits that the petitioner was
produced before the Court of Chief Judicial
Magistrate, Jalna on 16th March, 2016. The
brother of the petitioner namely Satish had
been to the police on 15th March, 2016 and on
16thMarch, 2016, he threatened the
Investigation Officer Shri Kendre to face the
consequences of arrest of the petitioner.

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4]It is submitted that so far as the
allegations that respondent nos.2 and 3 have
asked for Rs.10,000/-, are absurd and vague.
It is submitted that the brother of present
petitioner filed the application with the Sub
Divisional Police Officer, Jalna and also the
variousauthoritiesallegingillegal
detention. The said Authority conducted

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Jalna, after conducting detail enquiry came
to the conclusion that the brother of the
petitioner has intentionally and in order to
harass the police officials has filed the
application and the said application was
disposed of by the Sub Divisional Police
Officer, Jalna.

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Jalna and the application filed by the
petitioner came to be disposed off. Upon
reading the contentions raised by the
petitioner in the Petition some of the
contention raises disputed questions of fact.

Santosh S/O Tarachand Yadav v. the State of Maharashtra and Other

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Santosh S/O Tarachand Yadav v. the State of Maharashtra and Other

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Case details

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