Bombay High Court
Neelam Nitin Sampat vs State Of Maharashtra And Ors on 1 August, 2023
Author: Gauri Godse
Bench: Revati Mohite Dere, Gauri Godse
Digitally
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2023.06.09
17:46:52
+0545
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varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2436 OF 2023
Neelam Nitin Sampat ... Petitioner
vs.
The State of Maharashtra and Ors ... Respondents
Mr Kripashankar N. Pandey a/w Mr Darshan Juikar, for the
Petitioner.
Mrs P.P. Shinde, A.P.P for the State.
Mr Vivek Vasantrao Shende, Senior PI, Tardeo police station.
Ms Priyanka A. Kadam, WPSI, Tardeo police station, Mumbai.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATED : 1st AUGUST, 2023 P.C. :-
1. On 18th July 2023, we had granted production of the aforesaid petition, having regard to the allegations made by the petitioner that her husband was illegally detained by the respondents in a bailable offence. We have in our order dated 18th July 2023, set out in details, the facts and in what manner ::: Uploaded on - 02/08/2023 ::: Downloaded on - 03/08/2023 03:22:09 ::: 2/5 910-wp-2436-2023.docx the petitioner was detained and released. Vide the said order we had issued notice to the respondents and directed respondent no.2 to file affidavit in reply.
2. Accordingly, learned APP has tendered an affidavit of Mr Vivek Vasantrao Shende, Senior Police Inspector, Tardeo Police Station, Mumbai dated 1st August 2023. The said affidavit is taken on record and a copy thereof, is served upon learned counsel for the petitioner. Learned counsel for the petitioner has also tendered two affidavits; one affidavit of Mr Nitin Sampat and an additional affidavit of the petitioner, Mrs Neelam Sampat.
In both the affidavits, the details of what happened on 17 th July 2023 and 18th July 2023 have been set out. The high handedness and the conduct of the officers has also been set out in detail in the said affidavits tendered today.
3. According to the learned counsel for the petitioner not only the petitioner's husband was illegally detained, but was abused and even stripped by the police. He submits that the ::: Uploaded on - 02/08/2023 ::: Downloaded on - 03/08/2023 03:22:09 ::: 3/5 910-wp-2436-2023.docx petitioner's husband was also taken to Saat Raasta Lockup on 18th July between 1.00 a.m. and was kept in the said Lockup upto 1.00 p.m. He submits that the police be directed to preserve the CCTV footage of both the police stations i.e. Tardeo police station and Saat Raasta Lockup.
4. We have perused the affidavit of Nitin Sampat and additional affidavit of Neelam Sampat. Serious allegations have been made by both the petitioner and her husband. Copy of the said affidavits are furnished on the learned APP. Learned APP seeks time to go through the said affidavit and file affidavit in reply. Two weeks time is granted to file affidavit in reply.
5. In the meantime, having regard to the serious allegations made against the respondents attached to Tardeo police station, we direct Mr Akbar Pathan, DCP, Zone-III to preserve the CCTV footage of Tardeo Police Station from 17 th July 2023 from 3.00 p.m. to 18th July 2023 till 3.00 p.m. and that of Saat Raasta Lockup from 18th July 2023 from 1.00 a.m. to 1.00 p.m. The same be done forthwith.
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6. Learned APP to communicate the said order to DCP, Zone- III, to enable him to comply the same.
7. At this stage, learned counsel for the petitioner states that the petitioner's husband- Nitin Sampat got a call from one Constable from Tardeo Police Station on 31 st July 2023 at 10.41 a.m. from mobile No.xxxxxxxxx. According to the petitioner's husband, he was informed to meet ACP immediately during the course of the day in connection with the C.R lodged against him. Learned counsel for the petitioner further submitted that when the petitioner's husband contacted his advocate, pursuant to which the advocate spoke with the Constable Mr. Mahadik and that the Constable informed the advocate, that the police are expecting Nitin Sampat to sign a bond under section 107 of the Cr. PC and that he should visit the police station in the afternoon. Learned counsel for the petitioner further states that when the advocate called the Constable at 2.30 p.m. to confirm the timing, no reply was received. Learned counsel for the petitioner states, that he has recorded the conversation between ::: Uploaded on - 02/08/2023 ::: Downloaded on - 03/08/2023 03:22:09 ::: 5/5 910-wp-2436-2023.docx him and the Constable Mr. Mahadik. Learned APP to take instructions, whether any such notice has been issued under section 107 of the Cr. P.C against the petitioner's husband.
8. Stand over to 22nd August 2023 on the Supplementary board.
(GAURI GODSE, J.) (REVATI MOHITE DERE, J.)
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