Feroz Abdul Rehman Shaikh v. The State Of Maharashtra

7 wp 1497.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1497 of 2018 Feroz Abdul Rehman Shaikh (through Post) ....Petitioners versus The State of Maharashtra ....Respondent None for the petitioner.

Ms. Sangeeta D. Shinde, APP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 6th JUNE, 2019.

P. C. :

In the letter addressed to this Court on 14th March, 2018, the prisoner who is under-trial in Taloja Central Prison Thane in CR No.392 of 2017 has prayed for retracting his statement made to the police officer. According to the said letter, the prisoner has stated that while in custody for the purpose of investigation, he was severely beaten and tortured by the Investigating Officer resulting into fracture of his hand and he was taken to the hospital for treatment. The letter alleges that the police officer had asked him to sign a document stating that he had broken his hand on account of fall in the bathroom. The prisoner has further alleged that he was subjected to severe harassment during the course of Shubhada S Kadam 1/2

7 wp 1497.18.doc investigation and various statements are recorded and he is apprehensive that those statements may be used against him. 2.

We have perused the said letter. As far as harassment which is referred above is concerned, the prisoner has an appropriate remedy to bring it to the notice of the magistrate. In such circumstances, we are not inclined to entertain the said petition.

3.

The Registry is directed to communicate to the prisoner that he has liberty to approach the concerned magistrate and raise the grievance made in the present letter.

4.

With these aforesaid directions, the writ petition is disposed of.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2