Usha Harichandra Kare vs The Collector , Latur And Others
2017 Latest Caselaw 4345 Bom

                                                             Cri.W.P. No.509/2001
                                      (( 1 ))


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               BENCH AT AURANGABAD



                   CRIMINAL WRIT PETITION NO.509 OF 2001



 Sow. Usha Harishchandra Kare,
 Age 26 years, Occ. Household,
 R/o Tembhurni, Tq. Ahmedpur,
 District Latur                             ...   PETITIONER

          VERSUS

 1)       District Collector, Latur

 2)       Superintendent of Police, Latur

 3)       Dy. Collector, Latur.

 4)       Dy. Superintendent of Police,
          Udgir, District Latur.

 5)       Medical Officer Shri V.P. Padature,
          Rural Hospital, Ahmedpur

 6)       Mandal Police Inspector,
          Ahmedpur.

 7)       Ganesh A. More,
          P.I., Ahmedpur

 8)       Sambha Mane, Police Constable,
          Police Station, Ahmedpur

 9)       Birajdar, Police Constable,
          Police Station, Ahmedpur

 10)      Shinde, Police Constable,
          Police Station, Ahmedpur

 11)      Jagdish Deshmane, Police Constable,
          Police Station, Ahmedpur

 12)      Karad, Police Constable,
          Police Station, Ahmedpur



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                                                             Cri.W.P. No.509/2001
                                      (( 2 ))



 13)      Kanwate, Police Constable,
          Police Station, Ahmedpur
          District Latur.                        ...      RESPONDENTS

                                      .....
 Shri   A.S. Deshmukh, Advocate for petitioner
 Shri   S.J. Salgare, A.P.P. for State
 Shri   Ajinkya Deshmukh, holding for
 Shri   A.S. Golegaonkar, Advocate for R.Nos.7 to 13
                                      .....


                                CORAM:      T.V. NALAWADE AND
                                            SUNIL K. KOTWAL, JJ.

DATED: 11th July, 2017.

ORAL JUDGMENT (PER T.V. NALAWADE, J.):

1. This petition is filed for reliefs like punishing the

respondent Police Officers for causing the death of father of the

petitioner, custodial death and for giving compensation of Rs.10

Lakh to her in respect of the death.

2. The submissions made show that, the investigation

was made and after making investigation, 'C' Summary report

was filed by police. This report is accepted by learned Judicial

Magistrate, First Class, Ahmedpur by order dated 11/9/2014. In

view of this circumstance, it becomes necessary for the petitioner

if she is feeling aggrieved, to challenge the said order of learned

Judicial Magistrate, First Class. Only after she gets some relief in

the said proceedings and there is something on the record to

show that there was fault of the respondents, the relief like

Cri.W.P. No.509/2001 (( 3 ))

compensation can be considered by this Court. In view of these

circumstances, no further order can be made in favour of the

petitioner. In the result, the petition stands dismissed. Rule is

discharged.

3. It will be open for the petitioner to file appropriate

proceedings. A copy of the present order be supplied to the

petitioner free of costs and legal aid can be given to her for filing

appropriate proceedings.

4. The fees of learned counsel Mr. A.S. Deshmukh

(appointed on behalf of the petitioner) is quantified at Rs.3000/-

(Rupees three thousand only).

          (SUNIL K. KOTWAL)                    (T.V. NALAWADE)
              JUDGE                            JUDGE




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