Bombay High Court
Wilson Benjamin Castellino vs The State Of Maharashtra on 21 December, 2016
Bench: V.K. Tahilramani
6d. cri wp 2358-15.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2358 OF 2015
Wilson Benjamin Castelino .. Petitioner
Versus
The State of Maharashtra & Anr. .. Respondents
...................
Appearances
Mr. H.J. Dedia APP for the State
ig ...................
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ.
DATE : DECEMBER 21, 2016.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard the petitioner on video conferencing as well as
learned APP for the State.
2. Rule. By consent, Rule is made returnable forthwith
and the matter is heard finally.
3. The case of the petitioner is that he met with an
accident on 1.10.2012. In the said incident, he suffered
jfoanz vkacsjdj 1 of 6
6d. cri wp 2358-15.doc
fracture of the nose and on account of injury, there is an
extra growth of flesh in his right nasal cavity which is
causing him serious problem in breathing. The case of the
petitioner is that he was first admitted in Sahyadri Specialty
Hospital, thereafter he was admitted in Satara Hospital,
thereafter in Sassoon Hospital, Pune and thereafter in
Krishna Medical Hospital, Karad. It is his case that the police
have failed to handover the medical papers in relation to
these four hospitals to him and therefore, he is not getting
proper treatment, hence, he sought compensation on
account of the suffering undergone by him.
4. However, it is seen that in Cri. Writ Petition No. 2358 of
2013, the petitioner has annexed medical papers as Exh.
A-8. These medical papers pertain to Sahyadri Speciality
Hospital. Similarly in Writ Petition No. 1888 of 2015, the
petitioner has stated that he has annexed the medical
papers of two hospitals. If the papers were with the police,
the petitioner has not explained from where he has procured
jfoanz vkacsjdj 2 of 6
6d. cri wp 2358-15.doc
these papers. The learned APP pointed out that the incident
occurred on the night between 1.10.2012 and 2.10.2012.
The petitioner was first admitted in Sahyadri Specialty
Hospital, Karad. The petitioner was discharged from
Sahyadri Specialty Hospital, Karad on 2.10.2012 at 5:55 p.m.
and he was transferred to Civil Hospital, Satara. The
petitioner was discharged from Civil Hospital, Satara on
8.10.2012 and only thereafter, the petitioner was arrested in
C.R. No. 3104 of 2012 of Karad Police Station on 8.10.2012 at
21.40 hours. The petitioner was produced before the learned
JMFC, Karad on 9.10.2012 and the petitioner was remanded
to judicial custody. On 9.10.2012 at 20.25 hours, the
petitioner was arrested in C.R. No. 14 of 2012 of Vita Police
Station. He was produced before JMFC, Vita on 10.10.2012.
He was remanded to judicial custody. Hence after
10.10.2012, there is no question of the police having access
to any medical papers. In between 8.10.2012 to 10.10.2012,
the petitioner was not admitted in any hospital. Thus, this
contention has no merit. Between the time from 1.10.2012
jfoanz vkacsjdj 3 of 6
6d. cri wp 2358-15.doc
to 12.10.2012, the petitioner was not admitted either by
himself or anyone from his side or by the police in Sassoon
Hospital, Pune or Krishna Medical Hospital, Karad. As the
petitioner was sent to judicial custody on 10.10.2012, there
was no question of the medical papers being with the police
in relation to any admission in the hospital after 10.10.2012.
Thus, the case of the petitioner that the papers of Sassoon
Hospital, Pune and Krishna Medical Hospital, Karad were with
the police and they have concealed the same is without any
basis.
5. The petitioner had preferred Cri. W.P. No. 2358 of 2013
wherein he has stated that he was not getting proper
medical treatment for his nasal problem. In Criminal Writ
Petition No. 2358 of 2013, this Court by order dated
28.11.2016 directed that the petitioner be sent to C.P.R.
Hospital, Kolhapur to conduct the surgery if found necessary.
This court further directed that in case the said facility is not
available in C.P.R. Hospital, Kolhapur, medical problem of the
jfoanz vkacsjdj 4 of 6
6d. cri wp 2358-15.doc
petitioner be treated in any other hospital where the said
medical treatment is available. It is further reflected in the
order that needless to state that all necessary medical
treatment be provided to the petitioner including surgery.
6. Pursuant to our directions, tests were carried out on the
petitioner and thereafter, he was admitted in Chhatrapati
Pramila Raje
Hospital (C.P.R. Hospital), Kolhapur on
10.12.2016. The petitioner has undergone surgery i.e
septorhinoplasty for his depressed nasal bridge on
13.12.2016 and he has been discharged from the hospital on
16.12.2016. We have also noticed that the problem of
depressed nasal bridge of the petitioner has been corrected.
The petitioner states that he is happy with the results of the
surgery. Thus, in this view of the matter, no further orders
are necessary except that the petitioner be produced in
C.P.R. Hospital for follow up treatment as advised by C.P.R.
Hospital, Kolhapur. No further orders are necessary, hence,
Rule is discharged.
jfoanz vkacsjdj 5 of 6
6d. cri wp 2358-15.doc
7. Office to communicate this order to the petitioner who
is in Kolhapur Central Prison, Kalamba.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
jfoanz vkacsjdj 6 of 6
