1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 704 OF 2007 CRIMINAL WRIT PETITION NO. 704 OF 2007 CRIMINAL WRIT PETITION NO. 704 OF 2007 Sajjad Nizam Siddiqui .. Petitioner Versus The State of Maharashtra .. Respondents None for the petitioner. Mr. D.S.Mhaispurkar, APP, for the State. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 11th June, 2008 DATE : 11th June, 2008 DATE : 11th June, 2008. P.C P.C P.C. 1. This petition has been filed by one of the accused in C.R. No.55/2007 for the offences punishable under Sections 365, 376 and 387 read with Section 34 I.P.C. and he was taken into custody. His son Shri Aman Sajjad Siddiqui was also one of the accused in the said C.R. 2 2. This petition prays for a Writ of Habeas Corpus against the respondents for producing Shri Aman Siddiqui before this Court and who was arrested on 4.3.2007 by the the police (Oshivara Police Station). Though the petition has ben filed through Shri Mohammad Idris Javed,Advocate, none appears for the petitioner from 28.1.2008 onwards and in the order passed by this Court on 7.4.2008, it was noted that the said Shri Aman Sajjad Siddiqui was arrested in connection with serious offence and he escaped from the police custody with the assistance of some police officers. It was also noted that Aman Siddiqui was re-arrested and was in the custody of SOG, CID, Calcutta as on 7.4.2008. This Court, therefore, noted that no further orders were required to be passed in this Petition. 3. The learned APP received a report from the Senior Inspector, Oshivara Police Station dated 9.6.2008 and the same has been placed before us. As per the said report, two more C.Rs. i.e.C.R.No.139 of 2007 for the offences punishable under Sections 224 and 353 I.P.C. and C.R. No.32/2008 for the offences punishable under Sections 201, 221 read with Section 34 I.P.C. have been registered and Aman Siddiqui is one of the accused in the same. The report further states that Aman Siddiqui 3 was handed over to the Mumbai Police by the Calcutta Police and the team reached Mumbai on 1.6.2008. He was presented before the concerned Metropolitan Magistrate and was granted police custody upto 9.6.2008. 4. As far as the action against the erring police officers is concerned, Mr. Mhaispurkar, learned APP states that Shri Hiralal Jadhav and Shri Shailesh Gaikwad were the Investigating Officers in C.R.No.139/2007 and report has been submitted to the Additional Commissioner of Police for action against them. It is further stated that a Departmental Enquiry was initiated against Shri C.A.Gaikwad, Police Inspector, Shri Avinash Patil, Head Constable and Shri Yeshwant Mahale,Police Naik. Consequently, they were suspended on 3.4.2007 and came to be reinstated on 27.7.2007. The departmental enquiry against them was ordered and the same has been completed in April, 2008. By way of punishment, it has been proposed to stop one increment for three years and the final orders are awaited. It is further stated that on account of the lapses of Shri Avinash Patil, Head Constable and Shri Yeshwant Mahale, Police Naik in assisting Aman Sajjad Siddiqui to escape from the police custody, C.R.No.32/2008 has been registered on 23.1.2008 and they were arrested on 8.2.2008 and both the police personnel 4 were released on bail on the same day. Both the police personnel have been shown as accused. 5. We are, therefore, satisfied that nothing further survives in this petition. However, the learned APP has pointed out that the petitioner and his son Aman Siddiqui hatched a conspiracy to escape from the police custody and the father who is the petitioner, made false allegations against the authorities concerned. It was further pointed out that on account of such allegations, some directions were issued on 16.10.2007 and inspection of the Oshivara Police Station was ordered on 10.10.2007. The learned APP therefore prays for exemplary costs to be awarded. However, we are not inclined to pass any such order, more so when the petition has become infructuous and none has ben appearing for the petitioner from 28.1.2008 onwards. 6. The Petition is dismissed as infructuous. (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) 5 (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)