Case Note & Summary
The petitioner, Smt. Sayeeda Shabbir Mukadam, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, alleging that her husband, Shabbir Mukadam, was killed in an encounter by Respondent Nos. 4 to 6 (police and excise officers) on 16th January 2018 at Javelethar, Taluka Rajapur, District Ratnagiri. She claimed that the police refused to register an FIR against the officers and sought a writ of certiorari to call for records, a writ of mandamus to direct registration of FIR under Sections 302, 120B, 201 read with 34 of the Indian Penal Code, 1860, and compensation of Rs. 1 crore. The respondents opposed the petition, with the Superintendent of Police filing an affidavit denying the allegations. The court examined the records, including ADR No.2 of 2018 (an accidental death report) and FIR No.1 of 2018 under the Bombay Prohibition Act, 1949. The court found that the deceased was involved in illegal liquor trade and was killed during a legitimate excise raid when he attempted to escape. There was no evidence of custodial death or unlawful killing. The court held that the police action was justified and dismissed the petition, finding no merit in the allegations of murder or conspiracy. The court also rejected the claim for compensation and the direction for departmental enquiry against the police officers.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Police Encounter - Petitioner sought writ of certiorari and mandamus for registration of FIR and investigation into alleged encounter killing of her husband by police officers. Court examined records including ADR No.2 of 2018 and FIR No.1 of 2018 under the Prohibition Act. Held that the death occurred during a legitimate police operation and not in custody, and there was no credible evidence to support the allegation of unlawful killing. (Paras 1-10) B) Criminal Procedure Code - Inherent Powers - Section 482 of the Code of Criminal Procedure, 1973 - Quashing of Proceedings - Petitioner invoked Section 482 for directing investigation. Court held that the inherent powers cannot be used to direct registration of FIR when the police have already conducted a lawful operation and the death was not in custody. (Paras 2-10) C) Indian Penal Code - Offences - Sections 302, 120B, 201 read with 34 of the Indian Penal Code, 1860 - Murder and Conspiracy - Petitioner alleged murder and conspiracy by police officers. Court found no evidence of criminal intent or conspiracy, as the deceased was killed while attempting to escape from a legitimate excise raid. (Paras 3-10) D) Bombay Prohibition Act - Offences - Sections 65(A)(E), 83, 90 of the Bombay Prohibition Act, 1949 - Excise Raid - The deceased was involved in illegal liquor trade and was killed during a raid by excise officials. Court held that the police action was justified and no offence was made out against the respondents. (Paras 3-10)
Issue of Consideration
Whether the death of Shabbir Mukadam on 16th January 2018 was a police encounter or a custodial death, and whether the court should direct registration of FIR and investigation against the police officers.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Article 226 of the Constitution of India
- Section 482 of the Code of Criminal Procedure
- 1973
- Sections 302
- 120B
- 201 read with 34 of the Indian Penal Code
- 1860
- Sections 65(A)(E)
- 83
- 90 of the Bombay Prohibition Act
- 1949
