SHAYM DATTATRAY BETURKAR Vs. SPECIAL EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) HEARD Mr. Toraskar appearing for the petitioner Smt. Usha Kejariwal, the learned A. P. P. appearing for the State of Maharashtra as respondent No. 3, Mr. A. G. Nirmal, Sub-Inspector in his individual capacity as respondent No. 2 and the Special Executive Magistrate, Kalyan in his official capacity as respondent No. 1.

(2.) THIS petition is filed by the petitioner for quashing chapter proceedings initiated against him by the respondents for his forthwith release and for claiming compensation of Rs. 25,000/- for his illegal detention and for other reliefs.

(3.) IT was contended by the Counsel for the petitioner that the petitioner is a resident of Kalyan, that he is a law abiding and peace loving citizen, but Bazarpeth Police Station, Kalyan has been using provisions of Criminal Procedure Code to arrest and detain the petitioner as and when they like and they are doing this in contravention of the provisions of Criminal Procedure Code and the right of freedom guaranteed by the Constitution of India to the petitioner. Further according to him, the petitioner is so illegally arrested and detained at the instance of one Mhatre family whose family members have been convicted and sentenced to life imprisonment on the charge of murder of Ramesh Beturkar in 1982 and murder of Shakti Beturkar in 1992 in Kalyan. Both these victims of the murders were the family members of the petitioner, and the petitioner was the prosecution witness in the murder case of Shakti Beturkar. It is at the instance of Mhatre family that respondent Nos. 1 and 2 have been arresting the petitioner every now and then and detaining him without any rhyme and reasons subjecting him all sorts of mental agony and torture.