LAXMAN DATTATRAYA DAHIPHALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Writ Petition No. 8/2015 has been filed by Laxman Dahiphale (hereinafter referred as petitioner victim) for compensation due to his illegal detention by the police authorities on 9.2.2013 from 12:30 in the afternoon to 3:00 p.m. It is the case of the petitioner that he is the owner and was in possession of truck No. MH -26-7230 which he has purchased from one Sanjay Kendre on 21.11.2011. On 9.2.2013, he was transporting rice in the truck from Ramtek, District Nagpur to deliver the same at Solapur. He reached Nanded at 11:30 a.m. to 12:00 noon. He stopped his truck at Bafna-T-Point at Nanded for getting his truck repaired. At that time, four unknown officials in civil dress came there and claimed that the truck was stolen property and even the goods loaded therein were stolen. They asked the petitioner to show original documents of the truck. They scuffled with the petitioner and forcibly brought him to Anti Dacoity Squad, Nanded. At that place, the petitioner was informed that one Madhav Kendre had lodged complaint against him. Although the petitioner showed them the documents of the ownership, insurance, fitness certificate, transport licence, goods receipt etc. still he was not released. There was an officer who was also in the office in civil dress. The petitioner was confined in one room from 12:30 p.m. to 3:00 p.m. Said Madhav came to the office. He was in uniform of traffic department. The petitioner was taken to another closed room and abused. One employee in civil dress slapped the petitioner on his cheek and the petitioner was beaten by police. Said Madhav also beat the petitioner and also took away Rs. 15,000/- from the pocket of petitioner which was amount of fare charges for diesel. Thereafter, these persons threatened and abused the petitioner that he should not tell these facts to anybody. One of the police officials beat the petitioner and forced him to sign on blank paper. After some time, the petitioner was released. He went to Loha to file the complaint. He was asked to go to Vazirabad. At Vazirabad he was told to go to Itwara police station on the basis that Bafna-T-point was in the jurisdiction of Itwara. The complainant filed the complaint at Itwara police station and he was sent to civil hospital for medical treatment and examined by Doctor. Still the police did not take any cognisance. The documents of the petitioner were returned to him on 11.2.2013 by the Assistant Police Inspector of Anti Dacoity Squad. In spite of complaints, police did not take action and thus, the petitioner had to take recourse to the Court of JMFC. The Judicial Magistrate First Class, Nanded directed police to register the offence. Later on, said Madhav Kendre filed Regular Criminal Case No. 68/2013 on 13.2.2013 claiming that he was cheated but the Magistrate rejected the said complaint.

(2.) The petitioner claims that on 26.8.2013 offence was registered against respondent No. 3 - Madhav Kendre and other police officials for offence punishable under Sections 342, 392, 323, 504 and 506 of Indian Penal Code, 1860. The petitioner was unlawfully detained on the ground that he cheated the complainant and thus, the petitioner in Writ Petition prayed for handing over of Crime No. 115/2013, registered at the instance of the petitioner, to the Crime Branch and to punish respondent No. 3 - Madhav Kendre and the other police officials for illegal detention of the petitioner. The petitioner claims compensation from respondent No. 3 - Madhav Kendre.

(3.) On behalf of the State, affidavit-in-reply dated 30.1.2014 and 7.2014 have been filed. On behalf of the respondent No. 2 District Superintendent of Police affidavit-in-reply dated 6.2014, 11.8.2014 and 27.6.2015 have been filed. The Superintendent of Police had also filed report dated 21.7.2015.