CW-2012-0026Mumbai City, MaharashtraJudgment 5 March 2012

Miss Mumbai Woman vs [name withheld] and Others

The Bombay High Court held that officers of Gamdevi Police Station illegally detained a Mumbai woman overnight from 5 to 6 April 2008 after she visited the station to collect her complaint FIR, without any arrest memo, intimation to her mother, entry in the arrest register, or information of her bail rights for a bailable offence. The Court found a patent and uncontroverted violation of Article 21 in breach of the D.K. Basu and Sheela Barse guidelines. It directed the State to pay Rs 2,50,000 compensation with 8% interest from 5 April 2008 plus Rs 25,000 costs, left recovery from the erring officers open, and dismissed the petition against respondent No.4 (PI [name withheld]) with whom the petitioner had no grievance. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 5 March 2012 in Criminal Writ Petition No. 1666 of 2010, the Bombay High Court (Coram: A. S. Oka, A. V. Potdar, JJ.) returned findings adverse to 3 police personnel, namely: Senior Inspector, Gamdevi Police Station, Mumbai; Sub-Inspector, Gamdevi Police Station, Mumbai; Assistant Commissioner of Police, Gamdevi Division, Mumbai, and directed payment of compensation of Rs 2.5 lakh (Rs 2,50,000).

Register number
MH 01 CW 0008
Case reference
Criminal Writ Petition No. 1666 of 2010 / 2012 ALL MR (Cri) 1263
Court and date
Bombay High Court (Coram: A. S. Oka, A. V. Potdar, JJ.), 5 March 2012
Officer(s) at the material time
Senior Inspector, Gamdevi Police Station, Mumbai; Sub-Inspector, Gamdevi Police Station, Mumbai; Assistant Commissioner of Police, Gamdevi Division, Mumbai
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India; Article 22 of the Constitution of India; Article 226 of the Constitution of India; Section 79 of the Bombay Police Act, 1951; Section 112 of the Bombay Police Act, 1951; Section 117 of the Bombay Police Act, 1951
Finding of the Court (extract)
“We hold that the detention of the Petitioner by the officers of Gamdevi Police Station from 5th April, 2008 to 6th April, 2008 is illegal and there has been a gross violation of the fundamental right of the Petitioner guaranteed …” (at para 22)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2.5 lakh (Rs 2,50,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Bombay High Court judgment dated 5 March 2012 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“We hold that the detention of the Petitioner by the officers of Gamdevi Police Station from 5th April, 2008 to 6th April, 2008 is illegal and there has been a gross violation of the fundamental right of the Petitioner guaranteed …” (para 22)

Institutional response

1
5 Mar 2012

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 250,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: 2012 ALL MR (Cri) 1263
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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