Sheetal Wd/O. Digambar Chavhan And Others v. State Of Maharashtra Thr. Secretary, Dept. Of Home Mantralaya Mumbai And Others

1 wp743.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPW) NO. 202 OF 2019 AND CRIMINAL WRIT PETITION NO. 743 OF 2017 (SHEETAL DIGAMBAR CHAVHAN & OTH..VS.. STATE OF MAH. THR. HOME DEPARTMENT & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M.Tirukh, Advocate for Petitioners.

Shri T.A.Mirza, A.P.P. for Respondent Nos.1 to 3/ State. Shri S.S.Palshikar, Advocate for Respondent No.5. CORAM : Z.A.HAQ AND M.G.GIRATKAR, JJ.

DATED : DECEMBER 18, 2019.

CRI.APPLN.NO.202/2019.

For the reasons stated in the criminal application, the petitioners are permitted to amend the petition and implead proposed respondent No.6-Nitin K Charde. The Criminal Application is allowed accordingly. CRI.W.P.NO.743/2017.

Heard.

Issue notice of Criminal Writ Petition to the newly added respondent No.6-Nitin K. Charde, returnable on 10th February 2020.

The Respondent No.3-Police Station Officer shall ensure that the notice of this petition is served on the

2 wp743.17 respondent No.6 and acknowledgment is sent to the Registry of this Court till 10th February 2020.

The petitioners are claiming compensation on the ground that there has been negligence on the part of the Police Officers, which resulted in death of Digambar Ratansingh Chavhan. It is pointed out that departmental enquiry was initiated against respondent No.5-Swapnil Tayade and punishment is inflicted on him and appeal filed by him is also dismissed. The learned Advocate for the respondent No.5 stated that further appeal is provided before the Director General of Police and the respondent No.5 has filed it.

The Director General of Police is directed to decide the appeal filed by the respondent No.5-Swapnil Tayade and place copy of the order on record of this petition till 30th January 2020.

List the petition for hearing on 10th February 2020.

JUDGE JUDGE RRaut..