Haresh Ramesh Fulvare And Ors vs The State Of Maharashtra And Ors
2023 Latest Caselaw 432 Bom

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                                                           16.WP.213.2017.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             APPELLATE SIDE CRIMINAL JURISDICTION

                  WRIT PETITION NO. 213 OF 2017

Haresh Ramesh Fulvare & Ors                         ....Petitioners
     V/S
The State Of Maharashtra & Ors                      ....Respondents

Adv. Sanjay S. Patil for the petitioners. Adv. A. R. Kapadnis, APP for the respondent-state.

CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ

DATED : 11th JANUARY, 2023 P.C.:

1. The claim in the petition is, respondents-officers in violation

of the mandate issued by the Apex Court in the judgment of

Arnesh Kumar vs State of Bihar & Anr. reported in (2014) 8

SCC 273 has arrested the petitioners and as such, the petitioners

are entitled for compensation from respondent nos. 2 & 3 i.e.

Senior Police Inspector and Sub-Inspector of Police, Kalyan Taluka

Police Station.

2. Learned APP on instructions informs that the petitioners are

already charge-sheeted.

3. In the aforesaid background, particularly having regard to

the fact that the matter is subjudiced before the Court below this

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16.WP.213.2017.doc

Court is of the view that it shall be open for the petitioners to

canvass the claim for compensation for illegal detention before

the Court below based on the judgment of Arnesh Kumar

(supra).

4. By granting such liberty to the petitioners to pursue the

claim before the Court below, we do not intend to interfere under

Article 226 of the Constitution of India.

5. The petition as such stands disposed of.

ANANT Digitally signed by ANANT KRISHNA NAIK (R. N. LADDHA, J) (NITIN W. SAMBRE, J.) KRISHNA Date:

NAIK    2023.01.12
          17:08:54 +0530




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