STATE OF MAHARASHTRA Vs. EDITOR NAGPUR TIMES NAGPUR

JUDGEMENT

(1.) THE present criminal writ petition has arise out of the report published in the local daily "nagpur TIMES" dated 12th July, 1989 under the caption "alleged Rape on Minor Girl-Police lenient towards the accused". The report having reached the Honble the Chief Justice, he directed that it should be registered as a criminal writ petition and forwarded the same to the this Court for taking appropriate action. It is in these circumstances that the present criminal writ petition has come before us, after it was admitted.

(2.) THE news item gave the brief facts of the incident as follows :

(3.) FROM the above facts, it is clear that after the arrest of three accused persons on 5th July, 1989, they were produced before the Court of the Additional Chief Judicial Magistrate Mr. Kulkarni on 6th July, 1989 for obtaining police custody remand, which was accordingly granted upto 11th July, 1989. The remand was obtained on the following grounds: (i) that, they were to be medically examined. (ii) that, their semen sample was to be taken. (iii) for further interrogation. On 7th July, 1989, two separate criminal revisions were filed by the accused Kishan Shobhraj Nagaraj and Pravin Kumar Vijay Pandya, being Criminal Revision Application Nos. 291 and 290 of 1989 respectively, challenging the order of the police custody remand passed by the Additional Chief Judicial Magistrate, Nagpur, on 6th July, 1989. Inspite of the fact that police custody remand was granted upto 11th July, 1989, the learned Additional Sessions Judge, Nagpur Shri G. S. Kaswa allowed Criminal Revision Application Nos. 291 and 290 of 1989 and directed Kisan Nagaraj and Pravin Pandya to be released on furnishing P. R. bond and cash security, coupled with certain other conditions which were incorporated in the order.