Bombay High Court
Hriday Narayan Singh And Ors vs The State Of Maharashtra And Ors on 11 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
CH-WP-49-2020-(CRI).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO THOTE
THOTE Date:
2025.09.11
20:31:40 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 49 OF 2020
1. Hriday Narayan Singh
Age : 56 years, Occupation : Taxi Driver,
R/at : Room No.330 1/3, Nehru Nagar No.2,
H.M. Road, Near Radha Rani Store,
Sion Koliwada, Antop Hill, Mumbai,
Maharashtra - 400037
2. Nirmal Singh
Age : 25 years, Occupation : Service,
R/at : Room No.330 1/3, Nehru Nagar No.2,
H.M. Road, Near Radha Rani Store,
Sion Koliwada, Antop Hill, Mumbai,
Maharashtra - 400037 ...Petitioners
Versus
1. The State of Maharashtra
Through its Chief Secretary
Govt. of Maharashtra, CS Office Main
Building, Mantralaya, 6th Floor, Madame Cama
Road, Mumbai - 400032
2. The Commissioner of Police
92, Dr. Dadabhai Naoroji Rd., Police Colony,
Dhobi Talao, Chatrapati Shivaji Terminus
Area, Fort, Mumbai, Maharashtra - 400001
3. The Dy. Commissioner of Police Detention
Annex Building, 4th Floor, CP Office Compound,
Mumbai, Maharashtra - 400001
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4. The Dy. Commissioner of Police, Zone 4
DCP Zone IV Office, Matunga Office Compound
Station, Mumbai, Maharashtra - 400019
5. The Senior Police Inspector of Crime Branch, Unit-4
Mukundrao Ambedkar Rd., Sector - V,
Sindh Seva Samiti Nagar, Antop Hill,
Mumbai, Maharashtra - 400022
6. The Senior Police Inspector,
Wadala Truck Terminal Police Station
Wadala Truck Terminal, MMRDA Compound,
Wadala (E), Near R.T.O. Office,
Mumbai, Maharashtra - 400037
7. The Senior Police Inspector,
Antop Hill Police Station
Building No.229, Ground Floor, Sector - IV,
Antop Hill, Mumbai Maharashtra - 400037
8. Ankit Mishra
In front of Panchavati Bakery,
Mariamman Temple, Nehru Nagar, Antop Hill,
Mumbai, Maharashtra - 400037
9. Central Bureau of Investigation (C.B.I.)
Add.- 13th Floor, Plot No.C-35A,
'G' Block, Bandra Kurla Complex,
Bandra East, Near MTNL Exchange,
Mumbai, Maharashtra - 400098
Mr. Vinay Nair a/w Mr. Venkatesh Jairam, Ms. Riddhi Tendulkar,
Advocate for the Petitioners.
Mr. J.P. Yagnik, APP for the Respondent/State.
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Mr. Shekhar Mane a/w Adv. Iqra Qureshi, Ms. Antara Kulkarni h/f
Mr. Shreeram Shirsat for Respondent No.9.
Mr. Nitin Kumbhar, PI, Unit-4, Crime Branch, Mumbai, present.
CORAM : RAVINDRA V. GHUGE
&
GAUTAM A. ANKHAD, JJ.
RESERVED ON : 26th AUGUST, 2025
PRONOUNCED ON : 11th SEPTEMBER, 2025
ORDER (PER : RAVINDRA V. GHUGE)
1. This Petition was reserved for Order on 31 st July, 2025 and was listed on 26th August, 2025 for pronouncement. However, on the said date, before pronouncement, we called upon the parties to address us on some points. Hence, we passed the following order on 26th August, 2025 :-
1. This matter was listed today for pronouncement of order. When the matter was called out, we are informed that a First Information Report ('FIR') has already been registered against Dashrath and Afreen, who are alleged to have initially beaten the victim. The Special Investigation Team ('SIT') has completed the investigation and the chargesheet is filed with the Trial Court.
2. The learned Advocate for the Petitioners orally submits that the members of the SIT were the Police Officers, who had beaten the victim. This is contradicted, not only by the learned APP, but, it is SUNNY THOTE 3 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt not even mentioned in the pleadings of the Petitioners. This is nobody's case.
3. The learned APP submits that the Police Officers namely, Salim Yusuf Khan (API), Sandip Dattatray Kadam (SHO), Gangaram Sahadev Bhabal (Constable), Ramnik Krushna Chaur (Police Naik) and Dhondiba Pandhari Chole (Peon), were suspended pending the SIT investigation. Thereafter, departmental enquiries were conducted against them and after the SIT completed the investigation and found that none of them are responsible, they have been reinstated.
4. The learned APP submits that he would tender the specific statement of Petitioner No.2, Nirmal Singh recorded by the SIT. So also, the first and the second statements of Respondent No.8, Ankit Mishra, who was allegedly with the victim, as well as his (Ankit Mishra) third statement, which was recorded before the Magistrate under Section 174 of the Cr.P.C., will be tendered to the Court today.
5. In view of the above submissions and the statements of Petitioner No.2, and the three statements of Respondent No.8, being tendered to us during the course of the day, that we are closing this matter for Judgment.
2. By this Petition, Petitioner No.1, who is the father of the deceased Vijay Singh and Petitioner No.2, who is said to be the eye witness along with Respondent No.8, have preferred this Petition setting forth the following prayers below Paragraph No.12 :-
"a) That this Hon'ble Court be pleased to direct the State Government to file an F.I.R.
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b) That this Hon'ble Court be pleased to issue an Interim Writ of Habeas Corpus, to Antop Hill Police Station, to produce before this Hon'ble Court Respondent No.8, who is suspected missing but is supposedly in touch with the concerned Investigating Officer.
c) That this Hon'ble Court be pleased to direct the State Government to grant immediate protection to the Petitioners and their Counsel until the completion of investigation/inquiry and any subsequent trial related to this case.
d) That this Hon'ble Court be pleased to take cognizance and initiate contempt proceedings against the State of Maharashtra and the concerned Police Officials, who have grossly violated the orders given by this Hon'ble Court pertaining to the compulsory registration of F.I.R. and installation of C.C.T.V. Cameras in all Police Stations.
e) That this Hon'ble Court be pleased to direct the State Government to transfer the entire investigation process, concerning and related to the said custodial death case, to the Central Bureau of Investigation, with immediate effect and that the said investigation be completed in a time bound manner.
f) That this Hon'ble Court be pleased to declare a huge compensation amount of Rs.5 Crore to the deceased Shri Vijay Singh's family, and Rs.1 Crore each to Shri Nirmal Singh and Shri Ankit Mishra, while holding the State accountable and having Absolute Liability in such cases.
g) That this Hon'ble Court be pleased to direct the State Government to provide a Permanent Government Job to any member of the family of the SUNNY THOTE 5 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt deceased, Shri Vijay Singh.
h) That this Hon'ble Court be pleased to direct the Central & State Governments, to provide necessary safeguards in law for men, against fake, frivolous and concocted complaints, made against them by some females, who misuse the special laws, which is meant for their very protection, by bringing in suitable amendments in the existing laws.
i) That this Hon'ble Court be pleased to issue any and all such directions to the State Government and the Police to put a final stop to this never-ending malice of illegal detention and custodial deaths."
3. By an order dated 17th August, 2020, this Court perused the report dated 16th March, 2020 and recorded a prima facie opinion that it was dissatisfied with the report. Investigation into the alleged custodial death of Vijay Singh, prompted this Court to direct the Public Prosecutor to file a comprehensive report. Thereafter, this Court perused the report dated 8th September, 2020, submitted by the Senior Police Inspector, Antop Hill Police Station. An order dated 23rd September, 2021 was passed, which reads as under :-
"1] During the course of hearing, our attention was invited to a report dated 8.9.2020 submitted to the office of Public Prosecutor through Sr. Pl. Antop Hill Police Station, Mumbai. In the said report, a reference is made that petitioner No.3 Ankit Mishra, after the alleged incident, went to his native village U.P. i.e., village Baderi, Tal. Badlapur, Dist. Jaunpur, State and is residing there SUNNY THOTE 6 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt with his family. It was also informed by him that he left Mumbai on his own accord.
2] There is also reference to a video message and that video was forwarded from the mobile phone of Ankit Mishra bearing Cell No.9628855735 to one PSI Korde's cell No.8422061999. In the said video message, petitioner No.3 Ankit Mishra reiterates that he is residing at his native place with his family. The learned counsel for the petitioners submitted that petitioner No.3 Ankit Mishra is not coming forward to give his statement due to fear of the police. It is submitted that there is no semblance of truth that petitioner No.3 left Mumbai on his own accord.
3] The learned APP, on instructions from the Officer, who is present in the court, submitted that a squad will be sent at the native place of petitioner No.3 and if he is found there he will be brought before this court.
4] Two weeks' time is granted to the State to produce petitioner No.3 before this court. Post the matter for further consideration on 8.10.2021 at 2.30 p.m..
5] In the meanwhile, we direct the registry to provide a copy of the report of Metorpolitan Magistrate, i.e., enquiry report under section 176 of the Cr.P.C. pertaining to death of Mr. Vijay Singh to the learned counsel for the petitioner."
4. After Ankit Mishra (earlier Petitioner No.3) and now Respondent No.8, was traced out, he remained present in the Court on 4th October, 2021. This Court had an interaction with him in the chamber and recorded in the order dated 4th October, 2021 that SUNNY THOTE 7 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Ankit Mishra expressed his willingness to appear before the learned Metropolitan Magistrate, 29th Court, Dadar, Mumbai in relation to an inquiry to be conducted under Section 176 of the Code of Criminal Procedure ( 'Cr.P.C.' in short). Hence, he was directed to remain present before the concerned Court on 5 th October, 2021 and his statement was directed to be recorded and preserved in a sealed envelop.
5. By an order dated 15th November, 2021, Ankit Mishra was transposed as Respondent No.8 and deleted from the array of the Petitioners. An inquiry was conducted under Section 176 (1-A) of the Cr.P.C. by the learned Metropolitan Magistrate, 29 th Court, Dadar, Mumbai, who submitted a report dated 12th January, 2021 opining that there is nothing on record of any kind of manhandling, beating or torture of the deceased Vijay Singh at the hands of the Police.
6. This Petition was admitted by an order dated 16 th February, 2023.
7. On various occasions, the Petitioners were permitted to amend the Petition.
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8. Three Senior Members of three Benches of this Court, before whom the present Petition was being conducted, subsequently recused from hearing the matter. On 22nd July, 2025, this Court recorded the oral submissions of the learned Advocates for the respective sides. Since they desired to tender their written submissions, we granted them time upto 31st July, 2025. On that date, the matter was closed for Judgment.
9. For clarity and to appreciate the sequence of events, and the submissions of the parties, we are summarizing such details as under :-
Petitioners' submissions 27.10.2019 - 10:00 pm - Vijay Singh (the deceased), Petitioner No. 2 and Respondent No. 8, gathered to attend a pooja. After the pooja, the deceased went for a walk on the road near Wadala Truck Terminus (WTT in short) Police Station.
10:30 pm - Petitioner No. 2 and Respondent No. 8
heard shouting and quarrelling at some distance on the road near WTT Police Station where the deceased had gone for a walk. On reaching the spot, Petitioner No. 2 and Respondent No. 8 saw the deceased getting beaten up by a couple (Police identified the couple SUNNY THOTE 9 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt as Ms Afreen and Dashrath). They were also beaten up for trying to rescue the deceased.
Few minutes later - A Police van with 3 officers, one in uniform and two in civil dress, reached the spot and detained the deceased, along with Petitioner No.2 and Respondent No.8, based on the allegation of sexual harassment made by Afreen. The couple continued to hit the deceased, Petitioner No.2 and Respondent No.8 in presence of the Police officers. Two police officers put the deceased in the Police Van and allegedly hit him with hands and lathis while taking him to WTT Police Station. The deceased was put in the lock up. Subsequently, Petitioner No.2 and Respondent No.8 were also put in the lock up.
27.10.2019 - 28.10.2019 11:00 pm -03:00 am - The deceased kept complaining about chest pain in the lockup. He requested for water, which was allegedly refused by the Police Officer. Belongings of all three were taken away. On a call received on the phone of Petitioner No.2, the Constable answered and informed Petitioner No.2's mother about the arrest of Petitioner No.2 and his two friends. An hour later, family of the deceased came to the Police Station. The deceased repeatedly complained of chest pain, suffocation and exhaustion.
SUNNY THOTE 10 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt The deceased was released from the lockup after a while and was sitting on a bench in the Police Station, when he held his chest and collapsed onto the ground. The deceased's family requested the Police officers to make some arrangements to take the victim to the hospital, which was allegedly refused. Meanwhile, the deceased's pulse could not be traced by the family members. The deceased's family brought him to Sion Hospital in an Ola cab and he was declared brought dead at the hospital.
29.10.2019 An FIR was lodged against Ms Afreen and Dashrath in WTT Police Station (Exhibit D). The second post mortem of the victim was carried out at KEM Hospital. Later that night, the last rites of the deceased were performed by his family. 04.11.2019 Ankit Mishra (Respondent No.8), co-victim and prime eyewitness, went missing and was suspected to be abducted by the couple against whom Respondent No.8 registered an FIR. On the intervening night of 27.10.2019 and 28.10.2019, CCTV set-up was not allegedly non-functional in the Police Station. Allegedly, there are 3 eyewitnesses to the incident i.e. Petitioner No.2, Respondent SUNNY THOTE 11 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt No.8 and 1 person who was present in the lockup along with the victim.
10. SUBMISSIONS ON BEHALF OF RESPONDENT NO. 1 TO RESPONDENT NO. 7 27.10.2019 23:00 - Ms Afreen Sayyed was walking towards Wadala RTO to meet her boyfriend Dashrath Devendra. Afreen alleged that one person (the deceased) on a motorcycle came towards her and pulled her hand. Dashrath held the deceased by his collar. Petitioner No.2 and Respondent No.8 came to the spot and started assaulting Dashrath. Petitioner No.2 and Respondent No.8 hit Dashrath with hands and his helmet. Dashrath also sustained injuries on the head.
23:15 to 23:30 - Police Mobile Van No. 1 of the WTT Police Station took the deceased and the couple to WTT Police Station.
23:45 - Entry in the Station Diary was made bearing No. 24 of 2019.
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28.10.2019
00:30 - SHO Sandip Kadam left the Police Station for KEM Hospital. While going to KEM Hospital, Kadam instructed Constable Bhabal to put Petitioner No.2 and Respondent No.8 in the lockup. In the absence of the SHO, charge of the Police Station was with Salim Khan, Assistant Police Inspector. The SHO came back from KEM Hospital and started taking complaint of Afreen and her friend Dashrath who came back from Sion Hospital after Medical treatment. The deceased was removed from the lock up and he was sitting on the floor near the SHO's table. The deceased complained of chest pain, and the SHO directed the deceased to sit outside for fresh air.
02:30 - The deceased was sitting on the bench, when he fell down onto the ground. Hence, relatives of the deceased put him in a vehicle (Ola Cab) which had come to the said Police Station for some other purpose.
02:35 -NC bearing no. 2238 of 2019 u/s 323, 506 of Indian Penal Code, was registered on the complaint of Dashrath.
02:50 - 03:00 - The deceased was brought to the Sion Hospital. On arrival at Sion Hospital, he was examined by the doctors and declared him brought dead. An accidental Death Report SUNNY THOTE 13 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt vide ADR No. 109 of 2019 u/s 174 of Cr.P.C. was registered at Wadala TT Police Station. Time of death according to the Post Mortem Report (Page No. 80, Compilation of Documents), was 03:10 hours.
12:00 - 13:15 - Inquest Panchnama was conducted in presence of the father of the deceased and Panchas, by the Addt. Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai. 29.10.2019 The second Post Mortem was conducted at KEM Hospital by a Panel of 6 doctors in the presence of the relatives of the deceased and Ld. Addt. Chief MM. Later that night, the last rites of the deceased were performed. The Addl. Commissioner of Police, Central Region issued an office order suspending the concerned police officer and policemen of Wadala TT police station on duty. 02.11.2019 As per the directions of the Commissioner of Police, Mumbai, the investigation was transferred to the Crime Branch, Unit IV, Mumbai vide Order bearing no. 75 of 2019.
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04.12.2019
The final cause of death of the deceased, as stated by Sir J.J. Hospital, was 'MYOCARDIAL INFARCTION' 13.02.2020 The final cause of death of the deceased, as stated by K.E.M. Hospital, was 'ACUTE CORONARY INSUFFICIENCY PRECIPITATED BY SUDDEN PANIC ATTACK (UNNATURAL)'.
11. Additional Affidavit on behalf of Respondent No. 1 to Respondent No. 7 It is admitted that on the date of the incident i.e. 27.10.2019 and 28.10.2019, there were no CCTV cameras at the Wadala TT Police Station. (Pg 40; Para 05). CCTV cameras were uninstalled during the period between 22.05.2018 and 21.04.2019 in the light of the reconstruction/ renovation work of the Police Station and they remained to be made funtional till the date of the incident. However, the Magistrate has observed in his inquiry report that no such renovation and/ or repair work can be found in the Police Station.
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12.11.2019
The Report addressed to the Registrar, Human Rights Commission by Crime Branch, states the following:
a] On 27.10.2019, at RTO road Wadala, the deceased's motorcycle hit Afreen. At this time, the police arrived and noticed that the deceased was accompanied by his two friends (Petitioner No.2 and Respondent No.8) and they were fighting with Afreen and Dashrath.
b] When the deceased was brought to the Police Station after some time, he complained of severe chest pain. Hence, the duty Police Officers of the Police Station helped him and his parents to reach Sion Hospital with the help of an Ola vehicle. On
28.10.2019, at 03:00, the victim was declared dead on arrival by the doctors of Sion Hospital.
29.10.2019 An FIR was registered in WTT Police Station u/s 154 of Cr.P.C. by Ankit Mishra (Respondent No.8) against Afreen and Dashrath, alleging that the victim was beaten by that couple, alleging that the deceased had purposefully flashed the light of his bike on the couple when they were sitting at a spot. On reaching the spot, Ankit and his friend were also beaten by the couple. After the SUNNY THOTE 16 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt said incident, the said couple approached WTT Police Station and lodged a false complaint.
31.10.2019 NC was registered by Ankit Mishra against unidentified persons u/s 504, 506 IPC.
30.11.2019 A missing complaint of Ankit Mishra was registered at Antop Hill Police Station, Thane, Mumbai. 02.11.2019 An application was made by the family of the deceased to the Crime Branch for obtaining the postmortem report. A Photo of the deceased was taken at the hospital on 29.10.2019 before the incident. (Exh.-F)
12. SIT Report regarding different reasons of death The SIT Report records that while J.J. Hospital concluded that the cause for the death was myocardial infarction, K.E.M. Hospital recorded it to be ACUTE CORONARY INSUFFICIENCY PRECIPITATED BY SUDDEN PANIC ATTACK (UNNATURAL). On account of the difference of opinion SUNNY THOTE 17 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt of J.J. Hospital and K.E.M. Hospital, their conclusions were sent back to the respective hospitals for reconsideration. Both the hospitals maintained their previous stand and provided reasons in their subsequent reports dated 15.07.2020 and 17.03.2020, respectively.
13. Statement of the Petitioner no.1 given to Crime Branch On reaching the Police Station, he saw the deceased sitting in the lock up. He was asked to sit outside. After 15 to 20 minutes, a constable called him inside the Station to hand over the deceased's belongings, when he witnessed that P-2 and R-8 were also put inside the lockup along with the deceased. After 30 minutes, the Petitioner's nephew, Rohit, told him that the deceased is experiencing severe chest pain and is asking for water. When the nephew tried to give the victim a glass of water, he was told by a Police Officer to go away or he will also be put in the lockup. The Petitioner's wife also tried to give water to the deceased, but she was also asked to stay out of the Station.
14. After about 30 minutes, the deceased again complained about severe chest pain. At this point, one officer switched off the SUNNY THOTE 18 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt fan and told the victim "tu natak kar raha hai, ab teri garmi kam hogi." After a while, the Police dragged him out of the lockup and asked him to sit on a bench. At this point, the deceased screamed with pain and fell onto the ground. Petitioner No.2 asked the officers to call an ambulance which was denied quoting that they do not have contact number of the ambulance. Petitioner No.2 requested assistance of a police vehicle, but he was told that there is no fuel in the vehicle. After a few minutes, the Petitioner took help of an Ola Cab to take the deceased to the hospital. Other civilians helped the Petitioner put the deceased in the cab, but not the Police officers.
15. Statement of Victim's mother given to Crime Branch Same as above.
16. Statement of Ankit Mishra given to Crime Branch Respondent No.8 in his statement states that after the pooja of the car along with his family members, he had seen the deceased leave the house with his motorcycle, towards RTO road. Later on, he and Petitioner No.2 left on their Activa bike to refuel it at a petrol pump near RTO. On their way, they saw someone fighting near the water tank and stopped to stop the fight. Upon arriving there, they saw that SUNNY THOTE 19 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt the fight was between the deceased and a couple. The deceased was seen fallen to the ground and Dashrath was standing over him and beating him along with Afreen Sayed. Respondent No.8 pulled Dashrath over from the deceased's body and then the couple started beating Respondent No.8. At that time, Respondent No.8 saw a police van and called for help.
17. 3 Police officers in uniform got down from the vehicle. One police officer held the deceased, the second police officer held Respondent No.8 and the third police officer inquired with Afreen Sayed. At the same time 3-4 police officers in civil dress arrived and held Vijay (the deceased). The girl present at the scenario i.e. Afreen Sayed alleged that the deceased, Petitioner No.2 and Respondent No.8, were sexually assaulting her and were trying to rape her. The deceased and Respondent No.8 were held by the police and Dashrath punched Respondent No.8 in his face. Respondent No.8 questioned the police officer of what mistake he had done to get hit for interfering in the fight. However, Dashrath kept punching Respondent No.8 and in defence Respondent No.8 hit Dashrath with his helmet and ran towards the Wadala T.T Police Station.
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18. 1 police officer in uniform and 2 others in civilian clothes, were taking the deceased to the police station while beating him continuously. Respondent No.8 reached the Police Station and informed the Police Officer Sandeep Kadam that they were innocent and were caught without reasons. The other police officers arrived along with the deceased and Petitioner No.2 and informed the SHO that the boys were sexually assaulting a girl and put the deceased in the lockup room. Hearing this, SHO Sandeep Kadam started beating Respondent No.8 with his belt (3 times) and repeated the same with Petitioner No.2. SHO, then made them sit near the lockup.
19. After 10-15 minutes, 2 men were also brought to the Police Station and were put in the same lockup where the deceased was kept. After 40 - 45 minutes, the deceased started complaining of chest pain and started asking for water. Respondent No.8 requested the police officers to look at the deceased and give him some water. The Police constable denied and said "tum log ladki ko chhedte ho, ruko tumhari garmi nikalta hu". Respondent No.8 requested the Police to switch on the fan, but that was denied. When Respondent No.8 tried to give water to the deceased, one police officer snatched the water bottle from Respondent No.8's hand.
SUNNY THOTE 21 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt When Sandip Kadam came back to the Police Station, the deceased pressed his chest, complained about severe chest pain and said "mujhe hospital le ke jaiye" to which Sandip Kadam replied, saying, "chup baith, tera natak bahut der se dekh raha hu".
20. Sandip Kadam paid the Ola Cab driver Rs. 100/- who took the deceased to Sion hospital. After a while, Respondent No.8's wife came to the police station and informed Petitioner No.2 and Respondent No.8, about the deceased's death and at that point, Petitioner No.2 and Respondent No.8 were released from the lock up. Around 08:00 am on 29.10.2019, the Police took Petitioner No.2 and Respondent No.8 to Sion Hospital where they saw the deceased's body
21. Statement of Dr. Harish M. Pathak before the Judicial Magistrate u/s 176 Cr.P.C.
The second postmortem of the victim was conducted at KEM Hospital where Dr. Pathak was a part of the autopsy team. He recorded the following:
a] Total 42 postmortem injuries were found b] A contusion of 04 x 03 cm on chest at the level of 4 th SUNNY THOTE 22 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt rib posterior laterally and bluish-red in colour indicating blood impact on said site and ante-mortem nature.
c] On 19.11.2019, histopathology report of JJ Hospital was sent to him mentioning presence of features of healing and healed myocardial infarcts, which means the deceased had already suffered episode of heart attack and said injury to heart was healed.
d] He and his team prepared the final cause of death on 17.02.2020 on the basis of all documents of JJ Hospital and KEM Hospital that the death was due to ACUTE CORONARY INSUFFICIENCY PRECIPITATED BY SUDDEN PANIC ATTACK (UNNATURAL). He expressed that the victim was denied medical aid which was within 2 hours wherein he had 2 attacks.
e] He expressed doubts regarding significant change in the weight of heart in examination in J.J. Hospital. Therefore, on presumption that the heart of the deceased was sent to K.E.M. Hospital for autopsy, by considering the heart's slides sent by J.J. Hospital, they showed healing and healed myocardial infarctions.
f] He further clarified that there is a possibility that entire affected portion of the heart could have been dissected at J.J. Hospital and a healthy portion of the heart might have been sent to the K.E.M. Hospital.
SUNNY THOTE 23 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt g] He further observed that at the age of 22 years with no medical history, there is no possibility of heart attack.
22. Post mortem report Recorded a contusion of 04 x 03 cm in the thoracic wall (chest area) showing blue and red in colour.
23. Magistrate's inquiry report Respondent No.5, in the Additional Affidavit (Para 4) mentioned that CCTV cameras were uninstalled during the period between 22.05.2018 and 21.04.2019 in the light of reconstruction/ renovation work of the Police Station and they remained to be fixed till the date of the incident. The Magistrate observed in his inquiry report that no such renovation and/ or repair works can be found in the Police Station
24. Case law on Custodial Death a] The Hon'ble Supreme Court in D.K. Basu Vs. State of West Bengal and Ors 1997 (1) SCC 416, held that "Custodial violence, including torture and death in the lock-up, strikes a blow at the rule of law, which demands that the powers of the executive should not only be derived from law, but also that the SUNNY THOTE 24 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt same should be limited by law. Custodial violence is a matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizens. It is committed under the shield of uniform and authority in the four walls of a police station or lock-up, the victim being totally helpless. The protection of an individual from torture and abuse by the police and other law-enforcing officers is a matter of deep concern in a free society. These petitions raise important issues concerning police powers including whether monetary compensation should be awarded for established infringement of the fundamental rights guaranteed by Articles 21 and 22 of the Constitution of India. The issues are fundamental."
b] The Hon'ble Supreme Court in Smt. Nilabati Behera @ Lalita Behera Vs. State of Orissa & Ors AIR 1993 SC 1960, held that in case of unnatural death of a person without being released from custody of the police, the burden is on the Respondents to explain how the person sustained those injuries which caused his death.
In this case, the Court referred to the findings of the Magistrate u/s 176 CrPC.
"It is axiomatic that convicts, prisoners or under-trials SUNNY THOTE 25 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt are not denuded of their fundamental rights under Article 21 and it is only such restrictions, as are permitted by law, which can be imposed on the enjoyment of the fundamental right by such persons. It is an obligation of the State, to ensure that there is no infringement of the indefeasible rights of a citizen to life, except in accordance with law while the citizen is in its custody. The precious right guaranteed by Article 21 of the Constitution of India cannot be denied to convicts, under trials or other prisoners in custody, except according to procedure established by law. There is a great responsibility on the police or prison authorities to ensure that the citizen in its custody is not deprived of his right to life. His liberty is in the very nature of things circumscribed by the very fact of his confinement and therefore, his interest in the limited liberty left to him is rather precious. The duty of care on the part of the State is strict and admits of no exceptions. The wrongdoer is accountable and the State is responsible if the person in custody of the police is deprived of his life except according to the procedure established by law."
c] The Hon'ble Supreme Court in Sube Singh Vs. State of Haryana and Ors. 2006 (3) SCC 178 held that in absence of clear or incontrovertible evidence about custodial torture or any SUNNY THOTE 26 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt medical report of any injury, the award of compensation was held to be not justified. The cases, where violation of Article 21 involving custodial death or torture is established or is incontrovertible, stand on a different footing when compared to cases where such violation is doubtful or not established. Where there is no independent evidence of custodial torture and where there is neither medical evidence about any injury or disability, resulting from custodial torture, nor any mark or scar, it may not be prudent to accept claims of human rights violation by persons having criminal records, in a routine manner for awarding compensation. That may open floodgates for false claims, either to mulct money from the State or to prevent or thwart further investigation. The Courts should, therefore, while zealously protecting the fundamental rights of those who are illegally detained or subjected to custodial violence, also stand guard against false, motivated and frivolous claims in the interest of the society and to enable the police to discharge their duties fearlessly and effectively. In cases where custodial death or custodial torture or other violation of the rights guaranteed under Article 21 is established, the Courts may award compensation in a proceeding under Article 32 or Article 226 of the Constitution.
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d] The Hon'ble Supreme Court in Shakila Abdul
Gafar Khan Vs. Vasant Raghunath Doble 2003 SCC (Cri) 1918 held that Custodial violence, torture and abuse of police power are not peculiar to this country, but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. The Universal Declaration of Human Rights in 1948 which marked the emergence of a worldwide trend of protection and guarantee of certain basic human rights stipulates in Article 5 that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Rarely in cases of police torture or custodial death, direct ocular evidence of the complicity of the police personnel alone who can only explain the circumstances in which a person in their custody had died. Bound as they are by the ties of brotherhood, it is not unknown that the police personnel prefer to remain silent and more often than not even pervert the truth to save their colleagues and the present case is an apt illustration as to how one after the other police witnesses feigned ignorance about the whole matter. The exaggerated adherence to and insistence upon the establishment of proof beyond every reasonable doubt by the prosecution, at times even when the prosecuting agencies are SUNNY THOTE 28 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt themselves fixed in the dock, ignoring the ground realities, the fact- situation and the peculiar circumstances of a given case, as in the present case, often results in miscarriage of justice and makes the justice delivery system suspect and vulnerable.
e] The Hon'ble Supreme Court in Arvinder Singh Bagga Vs. State of U.P. AIR 1995 SC 117 held that Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or command. When threats proceed from a person in authority and that too by a police officer, the mental torture caused by it is even more grave.
f] This Court in Sujata Mukunda Manerao Vs. State of Maharashtra & Ors. 2004 ACJ 11023, observed that, it is bounden duty of the State to look after the health of the inmates in the jails since they cannot take treatment on their own and for the purpose of treatment, they are at the mercy of the hospital authorities. Proper medical aid to the inmates is a right available to them under Article 21 of the Constitution. The Apex Court in P.B. Khet Mazdoor Samity & Ors. Vs. State of West Bengal & Ors. AIR 1996 SC 242, has laid down that Article 21 imposes an obligation on the State to safeguard the right to life of every person.
SUNNY THOTE 29 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Preservation of human life is, thus, of paramount importance and failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. It is also laid down by the Supreme Court in the said judgment that it is well settled that adequate compensation can be awarded by the Court for such violation by way of redress in proceedings under Articles 32 and 226 of the Constitution.
g] This Court in Vishnu s/o Sandipan Kute & Ors. Vs. The State of Maharashtra & Ors. Cr. WP. 1464 of 2015, observed as under:
Having gone through the records, in our considered view, there has been total negligence and lapse on the part of the jail authorities in providing adequate, effective and proper medical treatment and on the part of the police guard on duty. He lost his life only due to the failure of the jail authority to provide medical treatment. It need not be emphasized that the right to health enshrined in Art. 21 of the Constitution of India, particularly of a prisoner who is deprived of his personal liberty, albeit in accordance with the procedure established by law, cannot be ignored. In fact the Hon'ble Supreme Court has in several decisions held that the right SUNNY THOTE 30 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt to life includes right to live with human dignity. Hence the duty of the State to provide medical treatment to the prisoners, to take care and ensure their safety and security of the prisoners and treat them with human dignity, needs no affirmation. The Government having failed in its duty, the petitioners being the parents, widow and the children of the deceased, are entitled for compensation.
25. Written Submissions on behalf of Respondent No.1-7 These Respondents have denied their role in the death of Vijay. In their written submissions, they have set out several aspects. We are reproducing their submissions, verbatim, as under :-
NCs dated 29.10.2019
1. CR. No. 178/2019 was registered with the Wadala TT Police Station by Ankit Mishra (R8) against Dashrath and Afreen u/s 341, 323, 504, 506, 182, 211 r/w 34 of IPC. (Pg 377)
2. NC was registered against Vijay (the deceased) and Ankit Mishra (R-8) with the Wadala TT Police Station u/s 323, 506 of IPC Accidental Death Report Cr. No. 178/2019 has been investigated u/s 174 CrPC while registering an ADR No. 109/2019 in respect of alleged custodial death.
SUNNY THOTE 31 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Inquest Panchanama dated 28.10.2019 (Pg72-78) First Post mortem was conducted on 28.10.2019 at 12:00 to 13:15 hrs at JJ Hospital. While conducting the inquest panchnama, photos and videos were taken in presence of Additional CMM, 24th Court, Borivali, Mumbai.
Inquest Panchanama dated 29.10.2019 (Pg 140-141) 2nd post mortem was conducted on 29.10.2019 at KEM Hospital. Again, inquest panchnama was conducted in presence of the Panchas and in the presence of Additional Chief Magistrate, 27 th Court, Mulund, Mumbai.
MEDICAL REPORTS INDICATING THE CAUSE OF DEATH JJ Hospital Report received on 04.12.2019 (Pg 137) Post mortem conducted by:
1. Dr. S. H. Anande
2. Dr. A.J. Pundge Final cause of death:
MYOCARDIAL INFARCTION Dr. Anande was examined by the Magistrate.
(Pg 274)
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KEM Hospital Report received on 03.02.2020 (Pg 138-139) Post mortem conducted by:
1. Dr. H.M. Pathak
2. Dr. S.S. Patil
3. Dr. A.G. Jayachandran
4. Dr. B.Y. Prakash
5. Dr. Balaji Baste
6. Dr. V.G. Velhal Final cause of death:
ACUTE CORONORY INSUFFICIENCY RESULTS INTO MYROCARDIAL INFARCTION Dr. Harish M. Pathak (witness no. 22) was examined by the Magistrate. Dr. Pathak raised query about weight change in heart and contusion in chest. (Pg 279 para 17-18) Expert Opinion In the light of Dr. Pathak's statement, the Magistrate suo moto called the expert in forensic science, from the Nair Hospital. Statement of Dr. Shailesh Mohite (witness no. 23) - Based on the documents produced, statement of Dr. Anande and statement of Dr. Pathak (witness No. 22) were recorded.
1. Cause of death: CARDIAC ORIGIN (panic attack may come by any way).
The witness on the point of cause of death of both hospitals opined SUNNY THOTE 33 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt that due to noting of healing and healed myocardial infarctions are inconsistent, it needs INDEPENDENT CARDIAC PATHOLOGICAL REVIEW.
Histopathology Report of JJ Hospital dated 19.11.2019 Test conducted by:
1. Dr. Arvind Rathod
2. Dr. Ranchana Binayke Findings:
1. Myocardium shows features of healing and healed myocardial infarcts.
2. Sections from pale areas reveal features of healed myocardium.
3. In myocardium, multiple micro infarcts showing granulation tissue.
Conclusion:
Multifocal myocardial infarction related to intramural coronary arterial disease. (Pg 135) Expert Opinion of JJ Hospital and KEM Hospital (Exb. B) (Pg 140) (Pg 345) SUNNY THOTE 34 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Expert opinion given by KEM Hospital states the following:
1. The reason for not getting a positive findings of healed and healing myocardial infarction could be due to either of two reasons -
i. The entire portion of the heart affected was removed before the same was sent to us.
ii. The two institutions were sent two hearts belonging to two different individuals.
2. "ACUTE CORONARY INSUFFICIENCY" results into MYOCARDIAL INFARCTION
3. No significant findings were found in the examination done at KEM Hospital. Presuming the histopathology report from JJ Hospital is correct, it indicates that the deceased was having pre- existing Myocardial Infarction, which could have predisposed him for Acute Coronary Insufficiency due to or as a consequence of Sudden Panic Attack.
Essential of Forensic medicine and Toxicology (Exh S-T) (Pg 142-143) The stress associated with assault or simply fear of severe SUNNY THOTE 35 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt injury may precipitate catecholamines release and stress the myocardium into fatal dysrhythmia.
Witness Statements (Pg 326) Versions of witnesses stating the following:
1. A lady (Ankit's wife) entered the police station and told the deceased Vijay, "Because of you, my husband is here/ in the lock up"
2. Dashrath threatened Vijay "I will see you"
(Statements are available on Pg Nos. 155, 161, 180, 208, 212, 216, 301) Magistrate's findings (Pg 301) Death of the victim is natural due to Myocardial infarction pursuant to attending panicking circumstances because of physical assault episode occurred outside the police station and threatening, exchange of words with other side in the police station. Witness no. 1 (Nirmal) stated that the deceased was complaining about chest pain immediately after 10-15 persons (from the side of Dashrath), threatened him of 'chopping him down'. There is nothing on the record to show any kind of atrocity, beating, manhandling or torture at the hand of the police.
SUNNY THOTE 36 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt OUR Prima Facie CONCLUSIONS
26. We have also considered the statements recorded by Petitioner no. 2, Nirmal Singh and Respondent no. 8, Ankit Mishra (3 statements).
27. We are adverting to the statement of Nirmal Singh recorded on 30/10/2019, in brief, as under :-
After the pooja at 10:00 pm on 27th October 2019, Vijay (the deceased) left on his CT 100 motorcycle. Ankit (Respondent 8) asked Nirmal to accompany him to the petrol pump. On their way to the Petrol pump, there was a dark street and under their Activa's headlights, they saw a couple and another man fighting with each other. They reached the spot and saw Vijay (the deceased) was being hit by the couple. Dashrath was sitting on the deceased and hitting him as well as abusing him. Afreen abused all three. At the time, a Police vehicle reached the spot and 3 police officers in uniform got down from the said vehicle. Subsequently, 3 to 4 persons came to the spot. Afreen informed the police that Vijay (the deceased), Ankit (Respondent no.8) and Nirmal (Petitioner no.2), sexually harassed her and attempted to rape her. Subsequently, the deceased was taken SUNNY THOTE 37 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt to the WTT Police Station by 2 officers, only one of whom was in uniform. The said officers were beating the deceased on the way to the station.
...........
............
SHO then hit the deceased and Ankit 3 times on their hands using a belt. Nirmal and Ankit were made to sit outside the lockup while the deceased was put inside the lockup. The three boys kept saying "humari kuch galti nahi hai" (we are not at fault). The deceased told the Police "meri koi galti nahi hai, meri motorcycle ki light wo couple pe padi isliye unhone mujhse jhagda kiya" (I am not at fault, the couple fought with me because my motorcycle headlight flashed on them). After 40-45 minutes, the deceased complained of chest pain. Ankit and Nirmal asked the police if they can give the deceased some water. Replying to which, the Police officer said "tum log ladki ko jhedte ho, ruko tumhari garmi nikalta hu" and snatched the water bottle from Ankit. The officer also SWITCHED OFF the fan installed in the Police Station. Nirmal and Ankit requested them to switch on the fan. All their belongings were seized by the police. On one of the various calls of Ankit's wife received on Ankit's phone, the police officer informed her about the SUNNY THOTE 38 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt arrest of the deceased, Ankit and Nirmal. When SHO Kadam came back to the Police Station, Ankit and Nirmal informed him that Vijay is experiencing severe chest pain and he needs to be taken to a hospital immediately. The deceased also requested the SHO to take him to a hospital on account of severe chest pain. Replying to the same, the SHO said "guppa bass, tujhe natak bharpur vel baghto, shaant bass". Vijay's parent requested the SHO to provide the deceased some medical attention. The SHO and the Police Officer Khan discussed regarding the deceased's situation and removed him from the lockup and made him sit down outside the lockup and put Nirmal and Ankit in the lockup.
At that time the deceased's cousin Rohit, aged 12 yrs, went on to offer water to the deceased, but he was hit by an officer and was sent back. The deceased's parents also went on to give him a bottle of water, but they were prevented. Later on Vijay's chest pain increased. Realising that, SHO Sandip Kadam asked Vijay's parents to take him to the hospital.
Vijay's parents asked for help by calling an ambulance, but the police refused and said that they do not have any emergency contact for the ambulance. Later, the deceased's parents asked the police for their vehicle and were refused by the police saying that SUNNY THOTE 39 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt their was no fuel in their vehicle. Ankit asked them to go by Vijay's two wheeler, but the police did not allow them to use his motor cycle. After half an hour, the deceased was taken to the hospital in a Ola taxi. After an hour, Vijay's death news was given to Nirmal and Ankit. At 08.00 am, the police took Ankit and Nirmal to Sion Hospital where they took Nirmal's statement. The Officers could not record Ankit's statement, because he fainted.
28. We have perused the 3 statements of Ankit Mishra (Respondent no.8).
In the first statement dated 28/10/2019, he has stated as under:-
After the Pooja was over around 10.30 p.m., Ankit Mishra and Nirmal Singh left for refuelling their two wheeler towards the petrol pump near RTO road. On their way to the Petrol pump, around 10.35 p.m., they saw some people fighting near the Wadala fire brigade station. When they reached the spot they saw that a couple was hitting their friend Vijay (the deceased). Ankit intervened in the fight to stop them, but Ankit too was hit by the boy on the face and was not allowing them to escape or leave. The deceased told them that the fight had started due to the head-lights SUNNY THOTE 40 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt of his motorcycle flashed on the couple in the dark street. At that time a police van was passing by and they called out for help. They were later taken to the police station and a complaint was lodged by the police based on the false allegations by the couple against the three friends. The boy also told them that "tum log bahar niklo, tumko kaat denge".
(The recording of the statement could not be completed because Ankit fainted at the hospital).
29. Hence, the second statement of Ankit, was recorded on 31/10/2019, which is a repetition of the portion recorded in his first statement. He has then completed his narration, which was incomplete because he had fainted when his statement was recorded on 30/10/2019. His narration of the events corroborate the statement of Nirmal Singh. He has reiterated that the Police constables had also beaten the deceased.
30. The third statement of Ankit was recorded on 05/10/2021, by the Metropolitan Magistrate, 29th Court, Dadar, Mumbai, under Section 176 of the Cr.P.C., after the SIT had taken over the investigation. Though his narration of the first part of the SUNNY THOTE 41 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt story is almost the same, he has completely resiled from his earlier statement and has stated that the deceased was never beaten by the Police. We are translating that portion of his statement as under :-
...........................
...........................
Ankit and Nirmal ran towards the Police Station and after them, the deceased was brought to the station. After reaching the Police Station, Ankit and the deceased were made to sit in a room. They asked for water from the Police, because the deceased was thirsty. After 5 minutes, the deceased started complaining about chest pain while beating his chest with force and was asking for water.
At that time, an officer made the deceased to sit outside. At that time the officers did not give him water because Ankit, etc thought it is not advisable to give water to a person having a heart attack. When they took the deceased outside, SHO Kadam came and he called for an Ola cab since there was no police vehicle available at the time. Rohit gave water to the deceased. The deceased collapsed on the floor after drinking water. At that time, some officers and the deceased's family took him outside. At 06:00 am in the morning, Nirmal and Ankit were also taken to the hospital. The Police officers did not beat us while we were in custody.
SUNNY THOTE 42 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Family of Dashrath threatened to kill us. The Fan of the room in which we were made to sit, was ON. The Police officer neither beat us, nor threatened us. They did not push our family members. The officers only asked them to sit outside.
31. Dr Pathak's medical report is very serious. He has doubts whether the heart of the deceased was ever sent to the KEM hospital. He has ruled out a Myocardial Infarction in the heart of a 22 years man with no medical history or treatment for any heart ailment. The Magistrate's inquiry report indicates that he did not find any trace of renovation/construction in the said Police station. This, therefore, falsifies the version of the Police authorities that the CCTVs were uninstalled due to renovation work.
32. In view of the above, there are many loose strings emerging from the record which convince us that further investigation needs to be done. We are of the opinion that the following ten factors formulated on the basis of the above discussed material before us, convince us that this case deserves to be transferred to the CBI.
Firstly, that there is an allegation of Dashrath and Afreen having SUNNY THOTE 43 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt beaten the victim, which may have caused his death. Secondly, that the medical report from KEM hospital indicates that the victim's heart showed healed myocardial infarction, which would mean that he had already suffered such episode earlier, which cannot be established as there is no medical record or history of treatment given to the deceased.
Thirdly, that the alleged beating by Dashrath and Afreen may have caused the panic attack triggering myocardial infarction. Fourthly, that the victim started complaining of chest pain immediately after reaching the Police station, which could be either because of the beating by Dashrath and Afreen and/or by the Police, enroute to the Police station.
Fifthly, that the KEM hospital did not find anything significant, whereas the JJ hospital opined that the victim already had a myocardial infarct which had healed and this could be the reason for the panic attack leading to a myocardial infarction causing his death. Sixthly, that a serious doubt is expressed by the experts from the KEM hospital as to whether a portion of the heart of the deceased was subjected to medical examination or whether 2 hearts of 2 individuals were sent for examination to the J J Hospital and the KEM hospital.
SUNNY THOTE 44 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt Seventhly, that the alleged beating at the hands of the Police could have caused the panic attack.
Eighthly, that the Magistrate had called for the report of an independent expert in forensic science from Nair Hospital. He opined that the overall condition of the heart and the reports of two hospitals indicate that an INDEPENDENT CARDIAC PATHOLOGICAL REVIEW is necessary.
Ninthly, that the statement made by Nirmal Singh indicates that the Police constables had beaten the deceased, after Dashrath and Afreen had beaten him. He has not changed his statement any time thereafter.
Tenthly, that Ankit had stated in his complete version (the second statement that was recorded as he had fainted while his statement was being recorded on the earlier night) that Dashrath and Afreen had beaten the deceased and thereafter, the Police constables had beaten him. However, in his last statement recorded before the Metropolitan Magistrate, 29th Court, Dadar, on 05/10/2021, he has narrated a diagonally opposite version. Whether he was under
coercion or duress when this statement was recorded ?
33. The SIT has, virtually, concluded in it's report that the SUNNY THOTE 45 of 46 ::: Uploaded on - 11/09/2025 ::: Downloaded on - 11/09/2025 21:51:27 ::: CH-WP-49-2020-(CRI).odt death of Vijay is not on account of any beating by the Police constables, enroute to the Police station or while he was inside the lock-up.
34. Therefore, we find that further investigation needs to be done through the CBI. Though the SIT has conducted an extensive investigation under the orders of this Court, we find that several issues, especially the above stated 10 aspects, need an in-depth investigation at the hands of the CBI. Hence, we order the transfer of investigation from the SIT to the CBI, Respondent no. 9. The SIT is directed to hand over the entire investigation papers/records to Respondent no. 9, within 15 days from today. Thereafter, R-9 shall commence investigations.
35. We are listing this matter for appraisal of the progress made in the investigations, on 14th November, 2025.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)
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