IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRI. WRIT PETITION NO. 388 OF 2005 CRI. WRIT PETITION NO. 388 OF 2005 CRI. WRIT PETITION NO. 388 OF 2005 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of : of Coram, appearances, Court’s orders : Court’s or Judge’s orders and Registrar’s orders. : ---------------------------------------------------------------------------- Shri Sushan Kunjuraman for the petitioners. Shri D.S. Mhaispurkar, A.P.P. for the Respondent Nos. 1 to 5. Shri Rajeev M. Sawant for the Respondent No.9. CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & P.V. KAKADE, JJ. P.V. KAKADE, JJ. P.V. KAKADE, JJ. DATED: 28TH MARCH, 2005 DATED: 28TH MARCH, 2005 DATED: 28TH MARCH, 2005 P.C.: P.C.: P.C.: 1. Heard. The grievance of the petitioner is that, during the period from 5.1.2005 to 10.1.2005 the petitioners were illegaly detained by the police authorities and they were assaulted, tortured and harassed during the said period. In that regard, the learned advocate for the petitioners sought to rely upon the medical certificates regarding the medical examination of petitioner Nos. 4 and 6. However, those certificates, apart from disclosing some abrasions on some part of the body and minor injuries, do not support any of the allegations on the part of the petitioners regarding having been tortured and harassed by the police authorities in the case in hand. All the allegations in that regard have also been denied by the respondents by filing the affidavit. Undoubtedly, in case, such harassment has been done to the petitioners by the police authorities, nothing prohibits them from pursuing the legal remedy by following the procedure prescribed under the law. The question of entertaining the petition in relation to the disputed questions of facts does not arise and, therefore, in the absence of any prima facie material in support of the allegations regarding the harassment and torture by the police authorities, leaving it to the petitioners to pursue their regular legal remedy in case there was really such harassment, the petition is rejected. (R.M.S. Khandeparkar, J.) ( P.V. Kakade, J. )