1 wp20811 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 208 OF 2011 Ramesh Bahadur Bharat Bahadur Kunwar ...Petitioner V/s. The State of Maharashtra & Anr. ...Respondents Mr. Khan Abdul Wahab for the Petitioner Mr. A.S. Gadkari, A.P.P., for the State CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 18TH FEBRUARY, 2011 P.C.:- This petition is filed for two-fold relief. The first relief is for production of uncle of the petitioner, viz., Suresh Bahadur Kunwar, before the Court. That relief is already worked out, as the said Suresh Bahadur Kunwar was produced before us on 25th January, 2011. He informed us that he was staying at Vile Parle on his own. 2. Insofar as the second relief is concerned, that is on the assumption that Suresh Bahadur Kunwar was in illegal detention of the 2 wp20811 local police from 13th to 20th January, 2011. Insofar as this allegation is concerned, the original Station Diary, which was produced before us, does indicate that the said Suresh Bahadur Kunwar was called to the police station for interrogation. Indeed, it is fairly accepted by the learned A.P.P., on instructions, that no formal notice, as was required under Section 160 of the Code of Criminal Procedure, was given to him. That may be an irregularity committed by the police officer, who called Suresh Bahadur Kunwar to police station for interrogation. The concerned police officer can be proceeded departmentally for such lapse. That, by itself, would not result in illegal detention of the said person. In the entire petition, even if read fairly, there is no clear allegation that the said Suresh Bahadur Kunwar was detained in the police station between 13th to 20th January, 2011, as is sought to be contended across the Bar. There is no averment that the said person was not allowed to leave the police station during this period. On the other hand, the Station Diary produced before us by the learned A.P.P. mentions the time when the said Suresh Bahadur Kunwar attended the police station and left the same soon after the interrogation was over on the given dates. In absence of clear assertion in the petition that Suresh Bahadur Kunwar was continuously in police custody between 13th till 20th January, 2011, it is not possible to countenance the relief as claimed in the petition to 3 wp20811 compensate the relative of the petitioner for his illegal detention. Indeed, the counsel for the petitioner invited our attention to the decision in the case of Abdul Wahid Abdul Jabbar Ansari v. State of Maharashtra in Criminal Writ Petition No. 1580 of 2008 decided on 21st August, 2008. However, that, in our opinion, is not an authority on the proposition canvassed before us. It merely refers to the contents of the circular dated 16th August, 2008. 3. Accordingly, the petition is dismissed. A.R. JOSHI, J. A.M. KHANWILKAR, J.