1 wp821.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 821 OF 2009 Shri Prakash Laxman Chavan ....Petitioner. Vs. The Commissioner of Police & Ors. ....Respondents. Mr. V.V. Purwant, for the Petitioner. Mr. A.S. Gadkari, APP for the State. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 23rd July, 2010 P.C.: 1 We have heard Mr. Purwant, the learned counsel appearing for the Petitioner. The Petitioner claims to be a well-known social worker and Secretary of the Maharashtra State Mathadi Transport and General Union, at Pune. He alleges that on 26/03/2009 he was picked up by Respondent Nos. 3 and 4 and his mother submitted a written complaint through Respondent No.1 alleging that he was kidnapped. In this petition, filed on or about 30th March, 2009, he also alleges that he was ill-treated and harassed by Respondent Nos. 3 and 4. He also alleged that he was mercilessly beaten and was threatened by them to eliminate him in a fake encounter. He further alleges that he was released at 9.30 p.m. on the same 2 wp821.09.sxw day and therefore, he prays for directions to initiate appropriate action against Respondent Nos. 3 and 4 and for a fair and impartial inquiry into his detention by the police on 26/03/2009. 2 As directed by us, Shri Anant B. Rokade, Deputy Commissioner of Police, Crime Branch, Pune city has filed the affidavit in reply. He has pointed out that the Petitioner is a history-sheeter and there was about 27 crimes registered against him including offences punishable under Sections 302, 392, 341, 420, 406 and 120-B read with 149 of IPC. It has been further pointed out that the Police team headed by Shri S.P. Shinde, API attached to the Anti Extortion Cell, Pune was on regular patrolling duty within the jurisdiction of Pimpri Police Station, Pune City and the Parliament Election were scheduled in May, 2009. The Election Commissioner of India had issued directions to all the Police authorities to manage a special branch to ensure that the elections would be conducted in a free and peaceful manner. Shri S.P. Shinde, while on patrolling duty at 11.30 a.m. on 26/03/2009, they noticed a TATA Safari with registration number MH-14, EQ-6372 moving in a suspicious manner on Bhosari-Pimpri Road and therefore, it was intercepted. The Petitioner, along with five other persons, was occupant of the said vehicle and therefore, all of them were taken to the office of Anti Extortion Cell, Crime Branch, Pune City and produced before Shri Kishor Jadhav, Respondent No.4. Inquiries were 3 wp821.09.sxw made regarding ownership of the vehicle and none of the occupants was the owner of the said vehicle. The real owner was contacted and after he clarified, the vehicle was handed over to the Petitioner. The Petitioner and other occupants were allowed to leave the Anti Extortion cell, Pune City at about 9.15 p.m. and to that effect entry has been made in the station diary (entry No. 16/2009). It has been further pointed out that the complaint lodged by the Petitioner’s mother was also received and a report was submitted on 15/05/2009 to the Deputy Commissioner of Police, Zone-III, Pune City. The Petitioner had filed a complaint bearing No. 176/2009/3187 before the State Human Rights Commission and by its order dated 18/11/2009, the Commission closed the complaint in view of the pendency of this petition. 3 We are satisfied that the Petitioner was, along with his companions, taken to the Anti Extortion Cell for justifiable reasons and there is no material on record in support of the contentions in the Petition that he was mercilessly beaten by Respondent Nos. 3 and 4. 4 No inquiry, as prayed for, is required to be ordered. The petition is rejected. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)