Usha Harichandra Kare v. The Collector , Latur And Others

(( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.509 OF 2001 Sow. Usha Harishchandra Kare, Age 26 years, Occ. Household, R/o Tembhurni, Tq. Ahmedpur, District Latur ...

PETITIONER

VERSUS

1) District Collector, Latur 2) Superintendent of Police, Latur 3) Dy. Collector, Latur.

4) Dy. Superintendent of Police, Udgir, District Latur.

5) Medical Officer Shri V.P. Padature, Rural Hospital, Ahmedpur 6) Mandal Police Inspector, Ahmedpur.

7) Ganesh A. More, P.I., Ahmedpur 8) Sambha Mane, Police Constable, Police Station, Ahmedpur 9) Birajdar, Police Constable, Police Station, Ahmedpur 10) Shinde, Police Constable, Police Station, Ahmedpur 11) Jagdish Deshmane, Police Constable, Police Station, Ahmedpur 12) Karad, Police Constable, Police Station, Ahmedpur

(( 2 )) 13) Kanwate, Police Constable, Police Station, Ahmedpur District Latur.

...

RESPONDENTS .....

Shri A.S. Deshmukh, Advocate for petitioner Shri S.J. Salgare, A.P.P. for State Shri Ajinkya Deshmukh, holding for Shri A.S. Golegaonkar, Advocate for R.Nos.7 to 13 .....

CORAM:

T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.

DATED:

11th July, 2017.

ORAL JUDGMENT (PER T.V. NALAWADE, J.):

1.

This petition is filed for reliefs like punishing the respondent Police Officers for causing the death of father of the petitioner, custodial death and for giving compensation of Rs.10 Lakh to her in respect of the death.

2.

The submissions made show that, the investigation was made and after making investigation, 'C' Summary report was filed by police. This report is accepted by learned Judicial Magistrate, First Class, Ahmedpur by order dated 11/9/2014. In view of this circumstance, it becomes necessary for the petitioner if she is feeling aggrieved, to challenge the said order of learned Judicial Magistrate, First Class. Only after she gets some relief in the said proceedings and there is something on the record to show that there was fault of the respondents, the relief like

(( 3 )) compensation can be considered by this Court. In view of these circumstances, no further order can be made in favour of the petitioner. In the result, the petition stands dismissed. Rule is discharged.

3.

It will be open for the petitioner to file appropriate proceedings. A copy of the present order be supplied to the petitioner free of costs and legal aid can be given to her for filing appropriate proceedings.

4.

The fees of learned counsel Mr. A.S. Deshmukh (appointed on behalf of the petitioner) is quantified at Rs.3000/- (Rupees three thousand only).

(SUNIL K. KOTWAL) (T.V. NALAWADE) JUDGE JUDGE fmp/