Created by Fuzzy Cloud

Bombay High Court

MANLESH EKNATH JAISWALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
RULE DISCHARGED

Holding

The petition is dismissed; no compensation is awarded and the request for CCTV footage is rejected as infructuous.

Summary

The petitioner, Manlesh, alleged that he was illegally tortured and beaten by police officers (Respondents 4‑7) at Shahada Police Station on 18 May 2020 and sought Rs 5 lakhs compensation from the State and the CCTV footage of the station for 18‑20 May 2020. The State argued that criminal cases under IPC sections 353, 506, 188, 268 and Bombay Police Act section 120 have been registered against both the petitioner and the police officers, and that the petition for compensation was premature pending the outcome of those prosecutions. The Court noted that a separate writ petition (No. 6803 of 2023) had already established that the CCTV system at the station had been non‑functional since January 2020, rendering the request for footage impossible. Consequently, the Court held that the compensation claim could not be entertained before the criminal trial concluded and that the CCTV request was infructuous. The petition was therefore dismissed with no relief granted.

Issues considered

  • Whether the petitioner is entitled to monetary compensation for alleged police torture before the criminal trial against the police officers is concluded.
  • Whether the High Court can direct the production of CCTV footage when the CCTV system was non‑functional during the relevant period.

Legislation cited

Subjects

  • police torture
  • compensation
  • CCTV footage
  • premature relief
  • high court writ petition
  • criminal pending
  • police misconduct
  • Indian Penal Code
  • Bombay Police Act

Judgment

2026:BHC-AUG:40191-DB
                                                  (1)
                                                                Cri. W. P. 1664-2020.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         CRIMINAL WRIT PETITION NO. 1664 OF 2020

                        Manlesh S/o Eknath Jaiswal,
                        Age : 38 Years, Occ. Business,
                        R/o. Plot No. 15, Bharat Nagar,
                        Shahada Tq. Shahada, Dist.
                        Nandurbar.                             .. PETITIONER

                                  VERSUS

                1.      The State of Maharashtra,
                        Through the Inspector,
                        Shahada Police Station, Shahada,
                        Tq. Shahada, Dist. Nandurbar

                2.      The Sub Divisional Police Officer,
                        Shahada Dn, Shahada, Dist. Nandurbar

                3.      The Superintendent of Police,
                        Nandurbar

                4.      Kishan S/o Laxman Najan Patil,
                        Age : 54 Years, Occ. Police Officer,
                        At present Pachora Police Station,
                        Pachora, Dist Jalgaon

                5.      Vikrant S/o Rajendra Kachare,
                        Age : 32 Years, Occ. Police
                        Shahada Police Station, Shahada,
                        Tq. Shahada, Dist. Nandurbar

                6.      Kailas S/o Keshav Mali,
                        Age : 28 Years, Occ. Police
                        Shahada Police Station, Shahada,
                        Tq. Shahda, Dist. Nandurbar

                7.      Deepak S/o Waman Bhoi,
                        Age : 40 Years, Occ. Police,
                        Shahada Police Station, Shahada,
                        Tq. Shahada, Dist. Nandurbar            ..RESPONDENTS
                                    (2)
                                                     Cri. W. P. 1664-2020.odt


                                 ...
Mr. B. R. Waramaa, Advocate for the Petitioner.
S. J. Salgare, A.P.P. for Respondent Nos. 1 to 3 & 4 to 7.
                                 ...

                   CORAM :        SANDIPKUMAR C. MORE AND
                                   VAISHALI PATIL-JADHAV, JJ.

                   RESERVED ON            : SEPTEMBER 01, 2026
                   PRONOUNCED ON: SEPTEMBER 02, 2026



JUDGMENT (PER SANDIPKUMAR C. MORE, J) :-


1.     Rule. Rule made returnable forthwith. Heard finally with the

consent of learned counsel for the petitioner and learned A.P.P.



2.     By way of present petition, the petitioner has claimed following

reliefs :-

      (A) To award compensation of Rs. 5 Lakhs from Respondent
             No.1 on account of illegal torture and beating to
             petitioner in Police Station Shahada, District Nandurbar
             on 18.05.2020 by Respondent No.4 to respondent No.7 by
             holding Respondent No.1 to 7 jointly and several liable
             for illegal acts of torture and beating to petitioner.
      (B)    To direct respondent Nos. 2 & 3 to supply CCTV footage
             for 18.05.2020 to 20.05.2020 to the petitioner and/ or
             send the installed CCTV at Shahada Police Station to
             Government Lab at Kalina, Mumbai or authorized place
             for recovery of recorded footage      for   18.05.2020       to
             20.05.2020 and to submit report to this Hon'ble Court.
                                   (3)
                                                  Cri. W. P. 1664-2020.odt

3.            According to the petitioner, he was beaten in the police

station, by the Police Inspector Kishan Patil and other police officers

viz. respondent Nos. 4 to 7. In view of the same, the petitioner is

claiming compensation of Rs.5,00,000/- from respondent No.1 in

respect of the aforesaid illegal torture and also claimed the CCTV

footage of the concerned Shahada Police Station from 18.05.2020 to

20.05.2020.



4.            The learned counsel for the petitioner vehemently submits

that, the petitioner must be compensated for the high-handed action

taken by respondent Nos.4 to 7, who beaten him mercilessly in the

police station, which might have been captured in the CCTV footage of

the said police station.



5.            On the contrary, the learned A.P.P. by relying on certain

documents, strongly opposed the submissions and submits that, in fact

the offence under Sections 353, 506, 188 and 268 of the Indian Penal

Code has been registered against the petitioner and the trial

thereupon is pending in the Court of learned District & Sessions

Judge, Shahada. Pursuant to the order dated 11.06.2021, passed by

the learned Judicial Magistrate, (F.C.), Shahada, a crime has already

been registered against the errant police officers. However, it has been

stayed by this Court in Criminal Application No.1839 of 2021, wherein

quashing of the said crime is contemplated by respondent Nos.4 to 7.
                                   (4)
                                                   Cri. W. P. 1664-2020.odt

He further submitted that, since the crime is now registered against

respondent Nos.4 to 7, the prayer of getting compensation of

Rs.5,00,000/- appears to be premature at this juncture.

             So far as CCTV footage as claimed by the petitioner is

concerned, the petitioner is already aware that no such CCTV footage

was available, as it was elaborately stated in the reply by the State of

Maharashtra in Writ Petition No.6803 of 2023 filed by the petitioner

himself. Thus, he prayed for dismissal of the petition.



6.          Admittedly, crime under Sections 353, 506, 188 and 268

of the Indian Penal Code along with Section 120 of the Bombay Police

Act has been registered against the petitioner. Moreover, pursuant to

the order dated 11.06.2021 passed by the concerned learned Judicial

Magistrate, (F.C.), Shahada in Criminal Misc. Application No.469 of

2020, crime against respondent Nos.4 to 7, who are the police

officials, against whom the petitioner is having grievance, is also

registered, in respect of beating to the petitioner. However, under the

order dated 22nd June 2022, this Court, in Criminal Application

No.1839 of 2021 filed by those officers, has stayed that order by way

of interim relief. Not only that, but for getting the CCTV footage as

claimed in this petition, the petitioner has also filed separate Writ

Petition No.6803 of 2023 and the same is pending.



7.          Considering these circumstances, it appears that, for the
                                   (5)
                                                    Cri. W. P. 1664-2020.odt

grievance of alleged illegal beating, the crime has already been

registered against respondent Nos.4 to 7, and therefore, the prayer of

compensation of Rs.5,00,000/- can be considered only after result of

the said criminal prosecution.       Thus, the prayer in respect of

compensation appears premature at this juncture.



8.           So far as claim of petitioner for getting CCTV footage is

concerned, the State of Maharashtra has already filed reply to the Writ

Petition No.6803 of 2023 filed by the petitioner, wherein it is stated

that, as per the direction of this Court in the said petition, the Special

Inspector General of Police, Nashik had directed under his letter dated

31.01.2024 to the Additional Superintendent of Police, Dhule to

conduct preliminary inquiry. Accordingly, the inquiry was conducted

and it was revealed that CCTV installed in Shahada Police Station, was

not in working condition since January 2020.



9.           The inquiry report also disclosed that it was the duty of

the concerned In-charge of the police station to take necessary steps

for repairing of the said DVR and to inform the senior officer for

taking further steps. All these facts are mentioned in the aforesaid

affidavit-in-reply filed in the said petition on 08.10.2024. Since the

said petition was filed by the present petitioner only, he was well

aware about non-existence of such CCTV footage for the period from

18.05.2020 to 20.05.2020. As such, the prayer of the petitioner in this
                                   (6)
                                                   Cri. W. P. 1664-2020.odt

petition for getting those CCTV footage, has also become infructuous.



10.         In view of the same, no relief, as prayed by the petitioner

in this petition can be granted. In view of the same, the petition stands

dismissed. Rule stands discharged.




(VAISHALI PTIL-JADHAV)                   (SANDIPKUMAR C. MORE)
      JUDGE                                    JUDGE




YSK/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.