1 Cr.WP.1665/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1665 OF 2010 Chaitram Gangaram Patil ...Petitioner Vs. Shrimant Ghule & The State of Maharashtra ...Respondents Mr. R. Satyanarayan i/b. Mr. R.N. Gaikwad, Advocate for Petitioner Mrs. M.M. Deshmukh, APP for the State CORAM: B. H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. DATED: 12TH JULY, 2010. P.C. 1. We have heard Mr. Satyanarayan, learned Counsel for the Petitioner. Petitioner’s son by name Kapil Patil was reportedly arrested on 20th March 2010 by Navghar Police and he escaped from the police custody (Navghar Police Station). The Petitioner was, therefore, taken to the same police station at about 9.30 am on that day and was called upon to make inquiries with friends and relations to check the whereabouts of Kapil. He was located in the house of one Mr. Aba Kamble on the same day and was taken to Navghar Police Station. The Petitioner signed the bail bonds and surety bond in the 2 Cr.WP.1665/2010 Navghar Police Station and Kapil was released around 3.00 p.m. on 20th March 2010. 2. It is alleged that one of the friends of Kapil Shri Vichare received a call demanding Rs.10,000/- and thereafter the Petitioner was directed to produce his son by Sr. Police Inspector Mr. Shrimant Ghule. At about 8.15 p.m on 20th March 2010 the Petitioner’s son was shown arrested in C.R. No. 51/2010 by Navghar Police Station and he was produced before the learned Metropolitan Magistrate (Holiday Court) at Boiwada on 21st March 2010 and was released on a cash bail of Rs.5000/-. At about 8 p.m on 21st March 2010 the Petitioner’s son had left for a haircut at a nearby saloon and did not return and therefore, the Petitioner began the search of his son. He went to the Navghar police station to lodge missing complaint of his son Kapil, but the police refused to register the missing complaint and he was directed to come on the next morning. On the same day the dead body of Kapil was found and was taken in charge by the Rajawadi Police Station. Consequently, Kapil’s dead body was handed over to the Petitioner to perform the last rites. Two days later, on 23rd March 2010 the Petitioner received a suicide note by courier which was left behind by his late son. 3. This Petition under Article 226 of the Constitution of India prays for directions to the Police Authorities to conduct an 3 Cr.WP.1665/2010 inquiry into the circumstances and more particularly the allegation that late Kapil’s friend had received one telephone call from the police station demanding a sum of Rs.10,000/-. 4. Our attention has been invited to the Advocate’s notice dated 27th March 2010 addressed to Respondent No.4 and on perusal of the same it is noticed that no such allegation finds place in the same. The Petitioner’s son did not commit suicide while in police custody nor is there any allegation that he was tortured while in police custody. 5. Having regard to the circumstances and the allegations set out in the Petition Memo as well as the Advocate’s notice dated 27th March 2010, we are satisfied that the Petition does not call for this Court’s indulgence and hence, the Petition is rejected summarily. (SMT. ROSHAN DALVI, J.) (B. H. MARLAPALLE, J.)