CW-2017-0007Latur, MaharashtraJudgment 31 July 2017

Chincholi Kajale, Taluka Ausa Man v. State of Maharashtra

The Bombay High Court (Aurangabad Bench) allowed the writ petition of Shivabai, holding that her husband [name withheld] was illegally detained at Bhada Police Station from 19-12-2005 without arrest record and died in custody on 20-12-2005. The court rejected the police story that he hanged himself in the toilet during a 5-minute load-shedding blackout, finding illegal detention, violation of personal liberty, and dereliction of duty by the police. It directed the State to pay Rs 5,00,000 compensation within two months (9% interest on default) with liberty to recover from the defaulting Bhada staff after inquiry, and noted the pending prosecution of the four officers under Sections 306, 218 read with 34 IPC (Crime No. 16 of 2006). The prosecution in Crime No. 16 of 2006 (Sections 306 and 218 read with 34 IPC) against the respondent officers was pending before the trial court; this writ granted Rs 5 lakh State compensation with recovery from defaulting staff after inquiry, recording no finding against any individual. 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 31 July 2017 in Criminal Writ Petition No. 251 of 2007, the Bombay High Court (Coram: Sunil K. Kotwal, T. V. Nalawade, JJ.) returned findings adverse to 4 police personnel, namely: Police Sub-Inspector, Bhada Police Station; Assistant Sub-Inspector, Bhada Police Station; Police Constable, Bhada Police Station; Police Constable, Bhada Police Station, and directed payment of compensation of Rs 5 lakh (Rs 5,00,000).

Register number
MH 24 CW 0001
Case reference
Criminal Writ Petition No. 251 of 2007
Court and date
Bombay High Court (Coram: Sunil K. Kotwal, T. V. Nalawade, JJ.), 31 July 2017
Officer(s) at the material time
Police Sub-Inspector, Bhada Police Station; Assistant Sub-Inspector, Bhada Police Station; Police Constable, Bhada Police Station; Police Constable, Bhada Police Station
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 306 of the Indian Penal Code, 1860; Section 218 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860; Section 41 of the Code of Criminal Procedure, 1973
Finding of the Court (extract)
“Thus, obviously the detention of husband of the petitioner by Respondent Nos.6 to 9 at Police Station Bhada was illegal and the custodial death of deceased [name withheld] resulted only due to high handedness and dereliction of duty by police.” (at para 8)
Verdict, sentence and quantum
Adverse finding + compensation. Compensation: Rs 5 lakh (Rs 5,00,000).
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 31 July 2017 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
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.

“Thus, obviously the detention of husband of the petitioner by Respondent Nos.6 to 9 at Police Station Bhada was illegal and the custodial death of deceased [name withheld] resulted only due to high handedness and dereliction of duty by police.” (para 8)

Institutional response

1
31 Jul 2017

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 500,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: Criminal Writ Petition No. 251 of 2007
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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