Case Note & Summary
The petitioner, Fayyaz s/o Shamshoddin Attar, filed a criminal writ petition seeking directions to take action against respondent No. 5, Assistant Police Inspector D.S. Harne, for allegedly illegally detaining him from the morning of 23.7.2013 to the evening of 24.7.2013. He also claimed compensation of Rs. ten lakh for the alleged illegal detention and sought action against respondent No. 2 for non-compliance of a previous court order. The petitioner had a matrimonial dispute with his wife, Monika alias Muskan, who left the matrimonial home on 1.6.2012. The petitioner claimed that on 23.7.2012, a constable from Shivaji Nagar Police Station called him to the station, where he was taken to the lock-up without any reason and later sent to jail at 6.00 p.m. The respondents denied the allegations, stating that the petitioner was not detained and that he had voluntarily come to the police station in connection with a complaint by his wife. The court examined the evidence, including the station diary and the petitioner's own conduct, and found no credible proof of illegal detention. The court noted that the petitioner did not produce any independent witnesses or medical evidence to support his claim. The petition was dismissed as lacking merit.
Headnote
A) Criminal Law - Illegal Detention - Compensation - Petitioner alleged illegal detention by police officer for two days - Court found no credible evidence of detention as petitioner failed to produce independent witnesses or medical evidence - Held that mere allegation without corroboration is insufficient to grant compensation (Paras 2-10).
Issue of Consideration
Whether the petitioner was illegally detained by respondent No. 5 from 23.7.2013 to 24.7.2013 and whether he is entitled to compensation.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Illegal detention
- compensation for custodial abuse
- burden of proof on petitioner
- police jurisdiction
- matrimonial dispute
Case Details
2015 LawText (BOM) (06) 32
Criminal Writ Petition No. 31 of 2014
T.V. Nalawade, Indira Jain
Mr. S.S. Kazi for petitioner, Mr. S.B. Pulkundwar for respondent Nos. 1 to 4, Mr. S.A. Gaikwad for respondent No. 5
Fayyaz s/o Shamshoddin Attar
The State of Maharashtra, Superintendent of Police, District Beed, The Police Station Officer, City Police Station, Subhash Road, Beed, Police Inspector, Shivaji Nagar Police Station, Beed, Shri. D.S. Harne
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Nature of Litigation
Criminal writ petition alleging illegal detention by police officer and seeking compensation and disciplinary action.
Remedy Sought
Petitioner sought directions to take action against respondent No. 5 for illegal detention, compensation of Rs. ten lakh, and action against respondent No. 2 for non-compliance of court order.
Filing Reason
Petitioner claimed he was illegally detained by respondent No. 5 from 23.7.2013 to 24.7.2013 without any reason.
Issues
Whether the petitioner was illegally detained by respondent No. 5 from 23.7.2013 to 24.7.2013?
Whether the petitioner is entitled to compensation for alleged illegal detention?
Submissions/Arguments
Petitioner argued that he was called to police station on 23.7.2013 and detained without reason until evening of 24.7.2013.
Respondents denied detention, stating petitioner came voluntarily in connection with his wife's complaint and was not kept in lock-up.
Ratio Decidendi
The burden of proof lies on the petitioner to establish illegal detention with credible evidence; mere allegations without corroboration are insufficient to grant compensation.
Judgment Excerpts
It is the case of petitioner that he had some dispute of matrimonial nature with his wife - Monika alias Muskan.
It is the case of petitioner that on 23.7.2012 respondent No. 5 sent a constable to the house of petitioner and asked the petitioner to come to Shivaji Nagar Police Station.
Procedural History
The petition was filed in 2014. Rule was issued and made returnable forthwith. Heard both sides for final disposal.
