MAHESH GANGARAM BADGUJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition has been filed praying therein for directions to the respondents No.3 to 8 to pay each of the petitioners an amount of Rs.1,00,000/for violation of their fundamental rights due to illegal arrest, detention, assault and, mental and physical torture to them while they were in police custody. Further prayer is made for quashing FIR. There is also a prayer seeking directions to take appropriate departmental action against respondents No.3 to 8 for violation of fundamental rights of the petitioners due to illegal arrest, detention, assault and, mental and physical torture to the petitioners while they were in police custody. There is further prayer to direct the respondent No.6 Mr. Mukund Patil, P.S.I., Songir Police Station to pay the petitioner No.3 Prakash Marathe an additional amount of Rs.2,00,000/due to severe assault by Mukund Patil, as the ears of the petitioner No.3 have become permanently disabled and lost its hearing capacity to greater extent.

(2.) The petitioners are residents of Sindhkheda, taluka Sindhkheda, District Dhule. They are followers of Bajrangdal. They are also involved in social activities.

(3.) It is case of the petitioners that, there is one "Idgah" at Sindkheda situated in front of Rest house on Sindkheda to Varpada road. There were three "Gumbaj" to the said "Idgah". On 14.3.2002 at about 8.00 a.m. one Shaikh Mushir Osman Shaikh r/o. Sindkheda had filed one F.I.R. in Sindkhda Police Station stating that in the night intervening 13.3.2002 and 14.3.2002 some unknown persons have damaged one of the Gumbaj of the said Idgah. On the basis of the said F.I.R. the Crime No.22/2002 came to be registered in Sindkheda police station.