Mohammed Arif Sayyad Ahmed Khan v. The Senior Police Inspector And ORS

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.03.26 14:48:51 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1377 OF 2025 Mohammed Arif Sayyad Ahmed Khan

...Petitioner

Versus

The Senior Police Inspector & Ors

...Respondents

Mr. Aftab Mujawar a/w Ms. Rutuja J. Waghmare i/b Mr. Anas Shaikh for the Petitioner.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 24 th MARCH, 2025 P.C. :

1.

By this petition, the petitioner seeks registration of an FIR against the Police personnel, for illegally detaining and assaulting the petitioner on 16th December, 2024. The petitioner also seeks transfer of investigation to any other agency; and a direction to the respondent Nos.3 and 4 to secure and preserve all CCTV footages of cameras installed in and around the premises of Oshiwara Police Station of 15th 1/3

December, 2024 from 11.30 p.m. to 16th December, 2024 6.00 p.m. and to provide the petitioner with copies thereof; to direct disciplinary action against the PSI stationed at the Oshiwara Police Station in the night between 15th December, 2024 and 16th December, 2024, for committing the illegal acts. Direction is also sought to pay necessary compensation to the petitioner for his illegal detention. 2.

Learned APP raises a preliminary objection. She states that the petitioner has an alternate efficacious remedy of filing a complaint before the State Police Complaint Authority or the Divisional Police Complaint Authority, as the case may be or even a private complaint. She further states that as far as CCTV cameras are concerned, the respondent Nos.3 and 4 will ensure that the CCTV cameras installed in and around the premises of Oshiwara Police Station of 15th December, 2024 from 11.30 p.m. to 16th December, 2024 upto 6.00 p.m. are preserved. Learned APP states that she will forthwith, communicate the said order to the concerned respondents, so as to enable them to take appropriate steps.

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3.

Needless to state, since the petitioner has an alternate efficacious remedy, we are not inclined to entertain the petition. 4.

Needless to also state, that all contentions of all parties are kept open.

5.

Petition is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

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