1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal W.P.No. 42/2011 Santosh Atmaram Thoke vs. Shri Hemant Patil, Deputy Superintendent of Police, Washim Police Station, Washim and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. W.G.Paunikar, Advocate for petitioner. Mr. T.A.Mirza, APP for respondents. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 27.04.2011 Heard the learned counsel for the petitioner and the learned APP for the respondents. 2. The case of the petitioner is that when he was taken to the Court of Judicial Magistrate, First Class, Washim on 19.7.2010 for appearance in criminal case, Hemant Patil, P.S.I. Washim and Police Constable Mohekar who were part of his police escort abused and assaulted him. He also alleged that due to assault by PSI Hemant Patil he suffered injuries on his lips and ear. Hence, the petitioner sent a complaint on 22.7.2010 to the District Court, Washim wherein he narrated the incident. His grievance is that no action has been taken thereon by the learned District Judge, Washim, hence, 2` this petition. 3. The report of the District Judge, Washim shows that the said complaint was sent by the learned District Judge, Washim to the Superintendent of Police, Washim for necessary inquiry and action. Pursuant thereto an inquiry was conducted. SDPO, Washim recorded the statements of the members of the Police squad who brought the petitioner from Akola District Prison to the Court of Judicial Magistrate, First Class, Washim. According to the petitioner, the incident took place in the compound of the court premises. The statement of the owner of the canteen which is situated in the court premises was also recorded. None of these statements corroborate the case of the petitioner. 4. The statements of Police Officials further disclosed that at about 2.00 p.m. Police Constable Mohekar was proceeding to the Court of concerned Sessions Judge to file reply on bail application in the matter of another prisoner. At that time the petitioner abused police constable Mohekar and told him that because of him his bail application was rejected by the Court. The petitioner threatened the police constable Mohekar by saying that when he is released on bail, he will kill Mohekar's children. Police constable Mohekar requested the petitioner not to shout in the Court premises. The petitioner then snatched the key of the 3` Motor-cycle of police constable Mohekar. The statements of police officials also reveal that the petitioner had assaulted police constable Mohekar with wooden plank due to which police constable sustained injury on his right hand. The police constable reported the incident to Police Station, Washim. On the report of Police Constable Mohekar Police Station Officer, Washim registered offences under sections 353, 332, 186, 323, 506 of the Indian Penal Code against the petitioner vide Crime No. 270/2010. 5. On the very same day i.e. on 19.7.2010 the petitioner was produced before the Judicial Magistrate, First Class, Washim. It is pertinent to note that the petitioner has not made any complaint to the concerned Magistrate about the said incident of giving abuses and assault by any police personnel. 6. The petitioner was taken back to the Akola District Prison on the same day i.e. on 19.7.2010 at about 20 hours. At that time, the Jail Officer, before admitting the petitioner into the jail, examined the petitioner by removing his clothes to see whether the petitioner had any injury since it is the duty of the Jail Official to examine a prisoner while admitting him in the prison to see whether there is any injury on the person of the prisoner or not and accordingly jail official is required to make entry in the register. The Jail Official 4` has not found any injury on the person of the petitioner. The statement of jail official was recorded. It does not disclose that any complaint was made by the petitioner about ill-treatment to the petitioner by any police personnel. 7. In fact the record of the petitioner shows that the petitioner is a habitual criminal. The petitioner is prosecuted in 15 crimes and these crimes are pending for trial before the Court. Even while in prison, the petitioner has committed offence. On 2.11.2010 the petitioner assaulted one prisoner Ashwaq by iron rod. In relation to this incident, report was filed against the petitioner in the Police Station City Kotwali Akola for the offences punishable under sections 324, 506 of the Indian Penal Code. 8. Thus, it is evident that detailed inquiry has been conducted and the learned District Judge, Washim has come to the conclusion that the petitioner has submitted false and belated complaint. Therefore, he has disposed of the complaint dated 29.7.2010 sent by the petitioner. 9. Looking to the above facts, we find no merit in the petition, hence the petition is dismissed. 10. The fees payable to Advocate Mr. 5` W.G.Paunikar who had been appointed to represent the petitioner is quantified at Rs. 1000/-. 11. Office to communicate this order to the petitioner who is in Akola District Prison, Akola. JUDGE JUDGE patle