Indian Kanoon - Search engine for Indian Law

Bombay High Court

Hriday Narayan Singh And Ors vs The State Of Maharashtra And Ors on 15 November, 2021

Author: Sarang V. Kotwal

Bench: Nitin Jamdar, Sarang V. Kotwal

                                   1
                                                       36.wp-49-20.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

           CRIMINAL WRIT PETITION NO.49 OF 2020

Hriday Narayan Singh and others                      .... Petitioners
          Versus
The State of Maharashtra and others                  .... Respondents

                                  ....
Mr. Vinay Nair, Advocate for the Petitioners.
Mr. K.V. Saste, APP for the Respondent-State.
                                  ....

                      CORAM : NITIN JAMDAR AND
                              SARANG V. KOTWAL, JJ.

                      DATE     : 15 NOVEMBER 2021
P.C.

This petition is filed on behalf of three Petitioners. Petitioner No.3 Ankit Mishra has neither signed this petition nor Petitioner No.1 who has affirmed the petition has affirmed on his behalf. He has only affirmed the petition on behalf of Petitioners No.1 & 2.

2. The learned counsel for the Petitioners seeks to amend the title of the petition to transpose Petitioner No.3 as a party Respondent and reference to Petitioner No.3 in the petition as Respondent No.7 wherever it occurs including the prayer clause. Leave to amend is granted.

36.wp-49-20.odt

3. The main grievance of the Petitioners is regarding custodial death of one Mr. Vijay Singh. An enquiry was conducted under Section 176(1A) of Cr.P.C. by the Metropolitan Magistrate, 29 th Court, Dadar, Mumbai. The learned Magistrate has submitted his report dated 12 January 2021 wherein the learned Magistrate has opined that there is nothing on record of any kind of manhandling, beating or torture at the hands of police or police officers making the death of Vijay Singh. The learned counsel for the Petitioners states that the report of the learned Magistrate has not taken various aspects into consideration and seeks leave to amend the petition to incorporate necessary averments as regards the Report. Leave to amend is granted to annex the report and to carry out necessary averments.

4. The learned counsel for the Petitioners contend that the correctness of the report can be considered by this Court in its certiorari jurisdiction. The learned APP also seeks time to examine the legal position as regards challenge to the Report in writ jurisdiction. PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR

5. To enable the Petitioners to carry out above amendments, PRAKASHRAO DESHMANE Date: 2021.11.17 14:47:32 +0530 stand over to 29 November 2021.

(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.) Deshmane (PS) 2/2