AMOL BHARAT KHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, heard finally with the consent of both parties.

(2.) This Criminal Writ Petition is filed under Article 226 of the Constitution of India and Sec. 482 of the Criminal Procedure Code, 1973, seeking directions against respondent nos. 2 and 3 to pay compensation of Rs.5,00,000.00 to the petitioner on the ground that the petitioner was illegally arrested and detained in custody by respondent no. 3, thereby, exceeding the powers vested with him and also violating the fundamental right i.e. 'Right to Life and Personal Liberty' guaranteed under Article 21 of the Constitution of India.

(3.) It is the case of the petitioner that, petitioner is owner of agricultural land adjacent to Bhairavnath Sugar Company Ltd. situated at Village Sonari, Tq. Paranda, Dist. Osmanabad. The polluted water discharged from the sugar factory drains into the agricultural land of the petitioner. Therefore, the petitioner had requested the administration of the sugar factory to stop the same, as it causes infertility of the land of the petitioner. The petitioner was making requests to stop the polluted water from being drained into his agricultural land, hence, two NCRs came to be registered against him. NCR Nos. 171/2020 and 87/2021 were registered against the petitioner under Ss. 504, 506 and 507 of Indian Penal Code on 30/6/2020 and 24/5/2021 respectively. On the basis of these NCRs, the police officer of the Ambi Police Station submitted Chapter Report No. 49 of 2021 under Sec. 107 of Criminal Procedure Code before respondent no. 3 on 25/5/2021, requesting to pass an order to execute the bond of good behaviour for maximum period. The petitioner was produced before respondent no. 3 and he passed an order of sending the petitioner to Magisterial Custody from 25/5/2021 to 31/5/2021.