Case Note & Summary
The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him, and illegally took away legal documents entitling him to recover money. The incident occurred at the instance of one Sanjay Ambhure, who allegedly influenced the police. The police officer, Gorakh Chavan (respondent No. 4), under threats of prosecution for offences under Sections 354 and 384 of the Indian Penal Code, took possession of the documents and handed them over to Sanjay Ambhure on the same day. The petitioner initially sought directions for a departmental inquiry against the police officer, but that relief was refused by the Court on 24.1.2018. The petitioner also sought return of the documents, but since they were already handed over to Sanjay, who was not a party to the proceedings, that relief was not pressed. The Court considered the matter only for the relief of compensation. The Court found that the police officer acted beyond his authority and abused his power by seizing private documents under threat of criminal prosecution. The Court held that such illegal action violated the petitioner's fundamental rights and directed the State of Maharashtra to pay compensation of Rs. 1,00,000 to the petitioner within four weeks. The Court also directed the State to recover the amount from the salary of the erring police officer.
Headnote
A) Police Misconduct - Illegal Seizure - Compensation - Constitution of India, Article 226 - Police officer seized legal documents from petitioner under threat of prosecution under Sections 354, 384 IPC, without authority - Court held that the police acted illegally and abused power, and directed payment of compensation of Rs. 1,00,000 to the petitioner (Paras 1-10).
Issue of Consideration
Whether the police acted illegally in seizing documents from the petitioner under threat of prosecution, and whether the petitioner is entitled to compensation for the illegal action.
Final Decision
The Court allowed the petition and directed the State of Maharashtra to pay compensation of Rs. 1,00,000 to the petitioner within four weeks. The State is at liberty to recover the amount from the salary of the erring police officer.
Law Points
- Police misconduct
- illegal seizure
- compensation for violation of fundamental rights
- abuse of power
- criminal intimidation
Case Details
2020 LawText (BOM) (12) 12
Criminal Writ Petition No. 1682 of 2017
T.V. Nalawade, M.G. Sewlikar
V.D. Sapkal, Senior Counsel i/b S.R. Sapkal for petitioner; S.D. Ghayal, APP for respondent Nos. 1 to 3; Rajendra S. Deshmukh, Senior Counsel i/b G.A. Kulkarni for respondent No. 4
Ram s/o. Babanrao Waregaonkar
The State of Maharashtra, The Commissioner of Police, Aurangabad, The Assistant Police Superintendent, Economic Crime Branch, Aurangabad, Gorakh s/o. Mansing Chavan, Sanjay Prabhakar Ambhure, Sau. Meena Sanjay Ambhure
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Nature of Litigation
Criminal writ petition seeking compensation for illegal police action and harassment.
Remedy Sought
Compensation for illegal seizure of documents and harassment by police; initially also sought departmental inquiry and return of documents.
Filing Reason
Police illegally took away legal documents from the petitioner under threat of prosecution under Sections 354 and 384 IPC, at the instance of Sanjay Ambhure.
Previous Decisions
By order dated 24.1.2018, this Court refused to entertain the petition for relief of departmental inquiry against respondent No. 4.
Issues
Whether the police acted illegally in seizing documents from the petitioner under threat of prosecution?
Whether the petitioner is entitled to compensation for the illegal police action?
Submissions/Arguments
Petitioner argued that police acted illegally, harassed him, and illegally took away legal documents entitling him to recover money.
Respondent No. 4 (police officer) contended that he acted in discharge of his duty.
Ratio Decidendi
Police officers cannot seize private documents under threat of criminal prosecution without lawful authority; such action amounts to abuse of power and violation of fundamental rights, entitling the victim to compensation under Article 226 of the Constitution.
Judgment Excerpts
The petition is fled for relief of compensation on the ground that police acted illegally, harassed the petitioner and illegally took from him the legal documents on the basis of which the petitioner was entitled to recover the money.
Thus, this matter is being considered only for the relief of compensation.
Procedural History
The petitioner filed Criminal Writ Petition No. 1682 of 2017 seeking compensation, departmental inquiry, and return of documents. On 24.1.2018, the Court refused to entertain the relief of departmental inquiry. The matter was heard for final disposal on 8.12.2020.
Acts & Sections
- Indian Penal Code, 1860: 354, 384
- Constitution of India: 226
