RAM S/O. BABANRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

(2.) 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. According to the petitioner, at the instance of one Sanjay Ambhure, (hereinafter referred to as 'Sanjay' for short), this illegal action was taken by police and by giving threats of prosecution for ofences punishable under sections 354, 384 etc. of Indian Penal Code, police misused the power and took away the documents. Initially the relief of directions to start departmental inquiry against respondent No. 4, who took the documents from the petitioner was also claimed, but by order dated 24.1.20218 this Court (other bench) refused to entertain the petition for that relief. The relief of direction to respondent No. 4 that he should return the documents taken over from the petitioner is also claimed in the present proceeding, but as per the record, the documents were handed over to Sanjay Ambhure on the day on which they were taken over from the petitioner and Sanjay is not noticed of the present proceeding and due to the record, it cannot be said that the petitioner has pressed the relief against Sanjay. Thus, this matter is being considered only for the relief of getting compensation on the basis of aforesaid ground, the police atrocities.

(3.) It is the contention of petitioner that due to friendly relations of the petitioner with Sanjay, the petitioner had given hand loan of Rs.6.5 lakh to Sanjay on 7.1.2015. It is contended that the transaction was recorded in a document and the document was notorised. It is contended that subsequently also, the amount of Rs.8 lakh was given by the petitioner to Sanjay, but no record was created in respect of that amount.