- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2166 /2010 Ferozkhan s/o Gafarkhan, age 30 yrs., occu.business, r/o Hingoli Gate, Nanded Tq. & Dist.Nanded. ...Applicant.. Versus 1] The State of Maharashtra, through Police Station, Lohamarg, Nanded. 2] District Superintendent of Police, Nanded Dist.Nanded. ...Respondents... ..... Shri Pravin V. Mandlik, Senior Counsel with Shri Amol Gandhi, Advocate for applicant. Shri P.P. More, APP for respondent nos.1 & 2. ..... CORAM: A.V. POTDAR, J. DATE: 28.07.2010 - 2 - PER COURT: 1] By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with Crime No. 41/2010 registered in Lohamarg (Railway) Police Station, Nanded, for the alleged offence u/s 143 to 149, 437 of IPC read with certain sections of the Damage to Public Property Act and under certain sections of the Indian Railways Act and of the Criminal Amendment Act. 2] The record shows that after the application was moved on 15.6.2010, interim protection was granted to the applicant to release him on bail in the event of his arrest in connection with Crime No.41/2010 registered in Lohamarg Police Station, Nanded. It appears that on 15.6.2010, a notice was made returnable on 28.6.2010. When the application came up on Board on 28.6.2010, learned APP expressed his inability to proceed with the matter as in spite of fax message to the concerned Police Station given on 16.6.2010, no papers of investigation were forwarded by the concerned investigating officer / concerned Police Station. Hence, show cause notice was issued to the Superintendent of Police, Nanded and the concerned investigating officer. Accordingly, both of them are present before the Court and they have filed their respective affidavits in which they have tendered unconditional apology about the inconvenience caused to this Court because of their no control over the subordinates working under them and they have also assured that proper action will be taken against the concerned police - 3 - officials, who are negligent in performing their duties and the action taken will be informed to this Court. 3] Heard counsel for the parties. 4] It appears that the said crime came to be registered on the complaint of one Wahed Biram Tadvi working as PSI attached to Lohamarg Police Station, Nanded. Before considering the submissions across the Bar, it is to be noted that this complaint was lodged not by a common man, but was registered by a seasoned police officer, who knows how to draft the complaint in the serious cases of cognizable non-bailable offences. During the course of submissions across the Bar, it also reflected from the complaint itself that one Mohd.Hazi Khaleji was travelling in the train from Hyderabad to Aurangabad. It appears that in the night of 10.5.2010 when the train reached at Nanded, he alighted from the train and missed the train. As the train was missed, while he was proceeding towards the waiting room, some 7 to 8 police officials attached to Lohamarg Police Station, Nanded, assaulted the said Mohd.Hazii Khaleji mercilessly in which he was seriously injured. He was admitted in the civil hospital at Nanded. On 12.5.2010, on his complaint, offence was registered under various sections of the Indian Penal Code against some unknown persons and not against the concerned police officials. When this news spread in the city, as the incident was reported to the local political leaders, the present applicant, who is the President of District NCP, along with two others, had been to Lohamarg Police Station, Nanded, to enquire - 4 - into the matter. It appears from the contents of the FIR itself that around 4-45 p.m., the applicant and two others met the concerned police officials in Lohamarg Police Station, Nanded, and requested to take proper action against the guilty police officials and to carry out proper investigation. When the applicant and two others were inside the cabin of the senior police officials of Lohamarg Police Station, Nanded, large number of people were waiting outside the platform as well as railway police station about the decision to be taken by the police officials. Instead of giving any assurance for proper investigation and action against the concerned police officials, it appears that the applicant and others were misguided by the police officials. When they came out of the police station and reported as to what happened inside, the mob gathered on the platform as well as out of police station got annoyed and started stone pelting on the railway standing on the platform as well as the property of the railway, during which certain property of the railway department was damaged. In view of this, Crime No.41/2010 was registered against these three persons as well as 60 to 70 unknown persons for the alleged offences. 5] Perusal of the skilfully drafted complaint nowhere spells out that the present applicant and his companions instigated the mob to cause damage to the railway property as well as the complaint nowhere whispers that the mob got annoyed because the mob was provoked by the present applicant and two others with him. If the police, who are the protectors of the citizens are acting otherwise, which can be termed as police atrocity, as this offence is registered against the applicant and - 5 - others, is an example of the police atrocity, as if something wrong happens with the common man and he reaches the police station to lodge the report, instead of taking action against the concerned, if the common citizen is assaulted, threatened, beaten mercilessly, then the above practice followed by the police officials requires to be deprecated. Considering all these aspects, a case is made out to enlarge the applicant on anticipatory bail. In view of above, following order. 6] Application is allowed. Interim protection granted to the applicant to continue and confirmed till filing of the charge-sheet. Application stands disposed of accordingly. The explanation offered today by the concerned investigating officer and the Superintendent of Police, who are present in the Court, and the unconditional apology tendered by them, having assured to this Court that they will take action against the concerned police officials who have failed to perform their duty, the same is accepted and show cause notices against both of them are dropped. (A.V. Potdar, J.) ndk/cr2871021