MEHRUNNISA KADIR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 3/1/2018 passed by learned Special Judge (CBI) below Exh.1 in Sessions Case No.826 of 2014 directing that the record and proceedings in C.C. No.1170/PW/2010 be transferred to Court of learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai for trial of offences punishable under Ss. 120-B r/w 323, 342 of Indian Penal Code (for short 'IPC').

(2.) The Petitioner is the mother of deceased Altaf Kadir Shaikh who according to her died due to custodial torture inflicted by the Accused/Respondent Nos.2 to 4.

(3.) The Petitioner's contention is that on 11/9/2009 at about 04:00 hours in the morning, the Petitioner heard a knock at her door. Three persons were standing outside. They asked whether Altaf is available. She told them that he is sleeping. All of them came inside her house and on seeing Altaf sleeping they started beating, slapping and kicking him. One of them disclosed that he was Sub-Inspector Khedekar from Ghatkopar Police Station and had come to pick up Altaf for his presence is required by the SHO of Ghatkopar Police Station. She requested him that since the SHO will not be present at the wee hours, she will drop Altaf at the Ghatkopar Police Station early morning. P.S.I. Khedekar did not listen to her request and kept on slapping Altaf. Three of them caught hold of Altaf by his collar and back of his pant and dragged him to the auto rickshaw by kicking and punching him constantly. They pulled Altaf's hair and slapped him on his face. They threw him in auto rickshaw and took him to Ghatkopar Police Station. Sub-Inspector Khedekar had told the Petitioner that she should visit the Police Station in the morning. Two Policemen visited Petitioner's house. They told her that she have been called at Ghatkopar Police Station for recording her statement. She accompanied them. On the way she was informed that Altaf has been hit on the head and he was admitted in Rajawadi Hospital. She was taken to Rajawadi Hospital. On reaching Rajawadi Hospital, the Petitioner found her son's body lying on the stretcher. His body had unbuttoned shirt and underwear. His body had bruises. Injury marks were present at his head, hands, arms, back, legs, ears and blood was oozing. Lady Nayab Tahsildar was present. She was recording Panchanama. Petitioner's thumb impression and her elder son's signatures were attested on written and blank papers stating that Altaf's body and Panchanam is required to be sent for conducting postmortem urgently. Postmortem was conducted by panel of five Doctors. Petitioner was informed that she will get postmortem report within ten days. Petitioners husband visited J.J. Hospital for collecting Postmortem Report. He was told by hospital authorities that the report has been sent to Assistant Commissioner of Police. Thereafter, it was informed that, Postmortem Report had been sent to New Delhi. ADR report was filed vide ADR No. 184 of 2009. The Petitioner filed complaint agitating about the death of Altaf Shaikh in Police custody and seeking investigation. No FIR was registered.