ABHIMANYU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Petitioner, resident of village Kangara, Tq. and Dist -Osmanabad for writ of mandamus or any other order of like nature to Respondent No.6 Police Inspector, Police Station, Bembli to register F.I.R. on the information given by the Petitioner on 21st June, 2014. Prayer is that the investigation should be conducted by C.B.I. in the F.I.R. to be registered relating to incident dated 26th May, 2014.

(2.) FURTHER prayer is that the Respondents should pay compensation to the Petitioner and other villagers of Kangara for illegal arrest, unlawful confinement and detention by Respondent No.5 Superintendent of Police, Osmanabad and Respondent No.6 Police Inspector, Police Station, Bembli.

(3.) ACCORDING to the Petitioner, Women's Self Help Group had made grievances against illegal sale of liquor in the village Kangara. Police Patil of the village also, on 24th May 2014, informed the Police Station that some villagers are involved in illegal sale of liquor in the village and there is social imbalance and likelihood of breach of peace and harmony. On 26th May 2014, Women of the Self Help Group had gone to the Police Station, Bembli. Police asked them to seize the liquor and collect evidence. The ladies caught hold of one Shesherao Limbaji Rathod involved in selling of illegal liquor with a box of country liquor bottles and Plastic Can containing liquor. The Police were called to the village. Three Police Officials, (1) Head Constable Shridhar Pawar, (2) Police Constable Bhosle and (3) driver Police Constable Shinde from the Police Station, Bembli reached the spot on 26th May 2014 at about 8.30 p.m. These Police Officials, instead of taking action against Shesherao Rathod, threw the liquor from plastic can by kick and asked Shesherao Rathod to run away. Sheshrao ran away with the country liquor bottles. Because of this, ladies of the village Kangara questioned the conduct of the Police. In the process, Mangalsutra of one lady, namely Mahadevi Gangadhar Malge was snatched. The ladies were assaulted with fists and kicks. Due to illegal conduct of the Police, there was exchange of words between the villagers and Police Personnel. Shri R.A. Bansode, A.P.I. attached to the Police Station Bembli, received information about the unrest in the village and came to the village. He also faced anger of the villagers. Instead of taking action against the said Police, A.P.I. Bansode informed the Superintendent of Police, Osmanabad Sachin Patil. The Superintendent of Police came along with Deputy Superintendent of Police Smt. Vaishali Kadukar to the village at about 11.00 11.30 p.m. along with 150 to 200 Police personnels of Antiriot squad. Without making inquiries, the Superintendent of Police directed that the villagers should be arrested. The Police became uncontrollable and broke open doors of the houses and started assaulting villagers. Villagers were beaten and 46 men and 8 women were arrested and taken to the Police Station. They were detained till 10.00 p.m. of 27th May, 2014 without being given medical aid. At about 10.00 p.m. on 27th May 2014, Police sent 7 villagers to the hospital. One Satish Gurav sustained fracture to his left leg.