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Bombay High CourtWP/448/2020rejected

Bharat Mathuradas Ganatra v. State Of Maharashtra Thr. Its Secretary, Department Of Home Ministry, Mumbai And 2 Others

2022-01-03Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice G. A. Sanap2 pages

4.wp.448.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

448 OF Bharat Mathuradas Ganatra .vs.

State of Maharashtra, through its secretary, Dept. of Home, Mumbai and oths.

-------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

-------------------------------------------------------------------------------------------------------------------- Shri O. Y. Kashid, counsel for the petitioner Mrs Mrunal Barabde, APP for the State CORAM : V. M. DESHPANDE AND G. A. SANAP, JJ.

DATED :

JANUARY , 20 Heard Shri O. Y. Kashid, learned counsel for the petitioner.

2] By this writ petition, the petitioner is praying for conducting the inquiry against the police atrocities allegedly committed on him when he was in police custody remand. 3] The petitioner is one of the accused in Crime No. 151 of 2020 registered with Police Station Telhara, Dist. Akola for the offences punishable under Sections 143, 147, 148, 452, 427, 323, 504, 506 and 188 of the Indian Penal Code. The petitioner was arrested on 18.06.2020 at 3:57 hours. From the compilation of the writ petition itself it is clear that the petitioner was produced before the learned Magistrate on 18.06.2020 itself. The magisterial custody

4.wp.448.2020.odt remand papers is also produced on record. It is at page 14 of the compilation. The said document would show that when the petitioner was produced before the learned Magistrate, the learned Magistrate inquired with him in respect of any ill-treatment at the hands of the police, when he was in police custody remand. The order dated 18.06.2020 passed by the learned Magistrate, while taking the petitioner in Magisterial custody remand, would show that upon inquiry the petitioner did not make any complaint about the ill-treatment. If that been so, there is no merit in the writ petition.

The writ petition is accordingly rejected.

JUDGE JUDGE Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur