Case Note & Summary
These criminal writ petitions arose from the custodial death of Suman Kale, a 50-year-old woman belonging to the Pardhi tribal community, who died on 16-05-2007 while in police custody. The petitioners in the main writ petitions were her son Saheba Gajanan Kale and her brother Girish Japkar Chavan. They alleged that on 12-05-2007, police personnel from Local Crime Branch and Kotwali Police Station illegally picked up Suman from her residence at Burudgaon, Ahmednagar, without recording an arrest, and detained her at various places including Kotwali Police Station, LCB office, Government Rest House Jamkhed, and Deepak Hospital. It was alleged that she was tortured physically and mentally to extract information about stolen property in connection with Crime No. 261 of 2006 under Section 395 IPC, though she was not an accused in that case. She became unconscious on 14-05-2007 and was shifted to the private hospital of Dr. Sidhavaram Deepak Subramanyam, where she died on 16-05-2007. The State CID investigation concluded that she was illegally picked up and detained by police officers from 12-05-2007 to 16-05-2007. A charge-sheet was filed against seven police officers and one private doctor for offences under Sections 306, 330, 331, 341, 343, 201, 109, 166, 193 read with 34 and 120-B of IPC. The relatives contended that the State Government illegally refused sanction to prosecute police officers for offences under Sections 306, 120-B etc., and that the case should have been registered under Section 302 IPC. They sought directions to register the case under Section 302, transfer the investigation to CBI, and award compensation of Rs.3,00,000. Accused police officer Shivaji Baburao Sudrik challenged the Sub-Divisional Magistrate's enquiry under Section 176 Cr.P.C., while the doctor sought quashing of the FIR and charge-sheet. During hearing, the court indicated that it was not inclined to grant the doctor's relief, and his counsel withdrew the petition, resulting in its disposal as withdrawn. The court considered relevant material against accused Sudrik, and examined inconsistencies in police records regarding statements of the deceased's relatives under Sections 161 and 162 Cr.P.C. The court noted the contentions of the close relatives that they were helpless and ran from pillar to post, but nobody was ready to listen because police officers were involved. The court heard all parties for final disposal, with the final orders in the remaining petitions not explicitly detailed in the available excerpt. The judgment underscores the seriousness of custodial death allegations and the need for proper investigation and sanction in such cases.
Headnote
A) Criminal Law - Custodial Death and Illegal Detention - Sections 302, 306, 330, 331, 341, 343, 201, 109, 166, 193 read with 34, 120-B of IPC - Allegations that police illegally picked up deceased Suman, detained her without record, and tortured her leading to death; CID investigation revealed illegal detention. Held that charge-sheet records showed illegal custody and false record creation, warranting proper prosecution (Paras 5-8, 10).
B) Criminal Procedure - Enquiry Under Section 176 Cr.P.C. - Section 176 of Criminal Procedure Code, 1973 - Accused police officer challenged the Sub-Divisional Magistrate's enquiry report; the court considered relevant material. Held that the challenge required examination of the validity and reliance on the enquiry report (Paras 8-9).
C) Criminal Procedure - Quashing of FIR and Charge-Sheet - Section 482 Criminal Procedure Code, 1973 - Doctor sought quashing of FIR and charge-sheet; after court indicated disinclination, counsel withdrew the petition. Held that Criminal Writ Petition No. 900 of 2011 was disposed of as withdrawn (Para 9).
D) Criminal Procedure - Sanction for Prosecution - Sections 306, 120-B of IPC - Petitioners challenged State Government's order refusing sanction to prosecute police officers; interim relief granted to keep Sessions Case pending. Held that the legality of sanction refusal was to be considered in light of allegations of custodial death (Paras 3, 10).
Issue of Consideration
Whether the State Government's order refusing sanction to prosecute police officers under Sections 306, 120-B etc. of IPC should be quashed; whether directions should be issued to register crime under Section 302 IPC and transfer investigation to CBI; whether compensation should be granted for custodial death; whether the Sub-Divisional Magistrate's enquiry under Section 176 CrPC should be quashed; whether the FIR and charge-sheet against the private doctor should be quashed.
Final Decision
Criminal Writ Petition No. 900 of 2011 was disposed of as withdrawn; remaining petitions were heard for final disposal, but specific final orders are not mentioned in the provided excerpt.
Law Points
- Custodial death
- illegal detention
- police torture
- abetment of suicide
- sanction for prosecution
- transfer of investigation to CBI
- quashing of charge sheet
- Section 176 CrPC enquiry
Case Details
2021 LawText (BOM) (01) 9
Criminal Writ Petition Nos. 363 of 2008, 1658 of 2015, 139 of 2009, 900 of 2011
T.V. Nalawade, M.G. Sewlikar
Mr. Rajendra S. Deshmukh, Senior Advocate, Mr. Govind A. Kulkarni, Advocate, Mr. M.M. Nerlikar, APP, Mr. V.D. Hon, Senior Advocate, Mr. N.B. Narwade, Advocate, Mr. N.V. Gaware, Advocate, Mr. R.N. Dhorde, Senior Advocate, Mr. V.R. Dhorde, Advocate, Mr. V.P. Latange, Advocate
Saheba s/o Gajanan Kale and Girish s/o Japkar Chavan
The State of Maharashtra and others, including police officers, CID officials, and Dr. Sidhavaram Deepak Subramanyam
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Nature of Litigation
Criminal writ petitions arising from custodial death of Suman Kale, a tribal woman, involving allegations of illegal detention and torture by police officers and a private doctor.
Remedy Sought
Petitioners (son and brother of deceased) sought quashing of government order refusing sanction to prosecute police officers, directions to register crime under Section 302 IPC, transfer of investigation to CBI, and compensation of Rs.3,00,000. Accused police officer sought quashing of Section 176 enquiry; doctor sought quashing of FIR and charge-sheet.
Filing Reason
Death of Suman Kale in police custody after alleged illegal detention and torture; relatives alleged police refused to register complaint and State refused sanction, necessitating writ petitions.
Previous Decisions
CID filed charge-sheet for offences under Sections 306, 330, 331, 341, 343, 201, 109, 166, 193 read with 34 and 120-B of IPC against seven police officers and one private doctor; Sessions Case No. 184 of 2013 is pending. State Government refused sanction; Sub-Divisional Magistrate conducted enquiry under Section 176 Cr.P.C.
Issues
Whether the State Government's order refusing sanction to prosecute police officers under Sections 306, 120-B etc. of IPC should be quashed?
Whether directions should be issued to register crime under Section 302 IPC and transfer investigation to CBI?
Whether compensation of Rs.3,00,000 should be granted for custodial death?
Whether the Sub-Divisional Magistrate's enquiry under Section 176 Cr.P.C. should be quashed?
Whether the FIR and charge-sheet against the private doctor should be quashed?
Submissions/Arguments
Petitioners claimed police illegally picked up deceased Suman, detained her without record, tortured her physically and mentally, and created false records.
Petitioners contended that the State Government wrongly refused sanction to prosecute police officers, and the case should have been registered under Section 302 IPC instead of Section 306.
Petitioners alleged that police attempted to obtain signatures of relatives on blank papers and refused to register their complaint.
The investigating agency (CID) concluded that Suman was illegally picked up and detained from 12-05-2007 to 16-05-2007.
Accused police officer challenged the Sub-Divisional Magistrate's enquiry under Section 176 Cr.P.C.
Doctor sought quashing of FIR and charge-sheet; after court indicated disinclination, his counsel withdrew the petition.
Ratio Decidendi
The court observed that the CID investigation revealed illegal pick-up and detention of the deceased from 12-05-2007 to 16-05-2007, and that police records contained inconsistencies; statements recorded under Sections 161 and 162 Cr.P.C. could not be given much weight at this stage and could be used in cross-examination. The court considered the challenge to refusal of sanction and the request for transfer to CBI, keeping in view the need for fair investigation in cases of custodial death.
Judgment Excerpts
The investigation revealed that Suman was illegally picked-up from her residential place on 12-05-2007 and from that time she was illegally detained by Police Officers, who are accused, till 16-05-2007.
Criminal Writ Petition No. 900 of 2011 can be disposed of as withdrawn and there is no need to discuss the record created by Doctor of Deepak Hospital in detail.
It is specific contention of the close relatives of deceased that they were helpless and they ran from pillar to post, but, nobody was ready to listen to their grievance, as Police Officers were involved in the incident.
Procedural History
On 12-05-2007, deceased Suman Kale was allegedly picked up by police from her residence and illegally detained at various places. She became unconscious on 14-05-2007 and was shifted to Deepak Hospital, where she died on 16-05-2007. CID investigated the matter and filed a charge-sheet against seven police officers and one private doctor for offences under Sections 306, 330, 331, 341, 343, 201, 109, 166, 193 read with 34 and 120-B of IPC. A Sub-Divisional Magistrate conducted an enquiry under Section 176 Cr.P.C. The State Government refused sanction to prosecute police officers under Sections 306, 120-B etc. Petitioners filed Criminal Writ Petition Nos. 363 of 2008 and 1658 of 2015 seeking directions for CBI investigation, registration under Section 302 IPC, and compensation; accused police officer filed Criminal Writ Petition No. 139 of 2009 challenging the Section 176 enquiry; doctor filed Criminal Writ Petition No. 900 of 2011 seeking quashing of FIR and charge-sheet. Interim relief was granted keeping Sessions Case No. 184 of 2013 pending. On 13-01-2021, the court heard all parties for final disposal and disposed of Criminal Writ Petition No. 900 of 2011 as withdrawn.
Acts & Sections
- Indian Penal Code, 1860: 306, 120-B, 302, 330, 331, 341, 343, 201, 109, 166, 193, 34, 395
- Code of Criminal Procedure, 1973: 161, 162, 176
