Bombay High Court
CHANDRAKALABAI WD/O. DILIP KALE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISMISSED
Holding
The Court held that the death was natural as per the magistrate's enquiry and the Human Rights Commission report, and therefore no compensation could be awarded.
Summary
The petitioners, the wife of undertrial prisoner Dilip Kale and another, filed a criminal writ petition seeking Rs.10,00,000 compensation alleging that jail authorities failed to provide adequate medical treatment, leading to Kale's death on 09.08.2018. The State submitted that Kale had been admitted to a government medical hospital for nine days before his death. The Judicial Magistrate First Class, Aurangabad, conducted an enquiry under Section 176(1‑A) of the CrPC and concluded that Kale died of a natural illness. The petitioner herself had earlier stated she had no complaint against anyone regarding the death, and the Maharashtra State Human Rights Commission also observed that the death was natural. Relying on these findings, the Court dismissed the petition, granting no compensation.
Issues considered
- Whether the death of an undertrial prisoner due to alleged medical negligence by jail authorities warrants compensation under criminal writ jurisdiction.
- Whether the findings of the Judicial Magistrate's enquiry under Section 176(1‑A) CrPC establishing natural death preclude any relief.
- Whether the petitioners have standing to claim compensation in the absence of a specific complaint of negligence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 176(1-A)
Subjects
- compensation
- prisoner death
- medical negligence
- natural death
- Section 176 CrPC
- human rights commission
- criminal writ petition
Judgment
2026:BHC-AUG:40397-DB
922 CRIMINAL WRIT PETITION NO. 184 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
922 CRIMINAL WRIT PETITION NO. 184 OF 2021
Chandrakalabai Wd/o. Dilip Kale And Another
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Pankaj A. Bharat h/f. Adv. Gaikwad Satish A. for
the Petitioners
• Mr. A. S. Shinde, Addl.P.P. for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
1) Heard.
2) The petitioners have filed this petition seeking
direction to pay compensation of Rs.10,00,000/- to them
on account of the alleged failure on the part of the jail
authorities to provide proper medical treatment to the
undertrial prisoner, Dilip Kale, who ultimately died on
09.08.2018.
3) Learned Additional Public Prosecutor, by
pointing out the affidavit-in-reply and the documents
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922 CRIMINAL WRIT PETITION NO. 184 OF 2021
annexed thereto, submitted that the deceased, namely,
inmate Dilip Kale, was ill and was admitted to the
Government Medical Hospital for about nine days prior to
his death.
4) On going through the documents annexed to
the affidavit-in-reply, it appears that the concerned Judicial
Magistrate First Class (J.M.F.C.), Aurangabad, had also
conducted an enquiry into the death of Dilip Kale under
Section 176(1-A) of the Code of Criminal Procedure, 1973.
On going through the said enquiry report, it appears that
the learned J.M.F.C. had come to the conclusion that the
death of Dilip Kale was due to his illness and was a natural
death.
5) Even the Petitioner No. 1 had stated, at the
relevant time, that she had no complaint against anybody
in respect of the death of Dilip Kale. The report of the
concerned J.M.F.C. dated 12.02.2019 was also considered
by the Maharashtra State Human Rights Commission on
26.04.2023, which observed that Dilip Kale had died
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922 CRIMINAL WRIT PETITION NO. 184 OF 2021
naturally and that there was nothing to indicate that he
had died an unnatural death.
6) Thus, we are not inclined to grant any relief to
the petitioners. In view of the same, the Criminal Writ
Petitoin stands dismissed.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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