SAHEBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) One Suman Kale, a lady aged about 50 years of Pardhi, tribal community, died while in custody of Police. All the proceedings are in respect of death of Suman Kale. Petitioner No. 1 and 2 from Criminal Writ Petition No. 1658 of 2015 are the son and the real brother of deceased Suman respectively and Criminal Writ Petition No. 363 of 2008 is also filed by them. This Court is mentioning as to who has filed other proceedings and for what purposes.

(3.) In prayer clauses (C) and (D) of Criminal Writ Petition No. 1658 of 2015, the petitioners have claimed reliefs like quashing and setting aside order of the State Government, by which, sanction is refused to prosecute the Police Officers for the offences punishable under Sections 306, 120-B, etc. of Indian Penal Code ("IPC"). The interim relief was claimed to see that Sessions Case is kept pending till Criminal Writ Petition No. 1658 of 2015 is decided. It appears that interim relief was granted and due to that Sessions Case No. 184 of 2013 is still pending in the Court of Sessions Judge, Ahmednagar.