RAJESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The proceeding is filed under Articles 226 and 227 of the Constitution of India for compensation of Rs.5 lakh and also for relief of action against respondent No.2, a police officer. Allegations of illegal arrest and illegal detention are made by the petitioners who were practising Advocates at the relevant time. Compensation is sought from the State Government, respondent No.1 and the police officer, who made arrest and obtained police custody remand against the petitioners.

(3.) The petitioners were arrested in CR No.I-276 of 2014 registered with Kotwali Police Station Ahmednagar on 26-10-2014 in the evening time for offences punishable under sections 376, 504, 506, 34 of Indian Penal Code. The report is given by a lady aged about 26 years and she is a businesswoman. In the F.I.R. allegations are made mainly against Abhijit, son of petitioner Nos.1 and 2. He was also practising Advocate at the relevant time. It is contended by the informant that she had come in contact with Abhijit in the year 2007 when she was attending tuition of Accounts subject in Ahmednagar. It is her contention that acquaintance then developed into love and from the years 2007 to 2013 they had an affair.