# Mumbai Man vs State of Maharashtra and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2023-0028](https://datalibertarian.in/babuwatch/incident/CW-2023-0028)

## Report card

By judgment dated 29 September 2023 in Writ Petition No. 2436 of 2023, the Bombay High Court (Coram: Revati Mohite Dere, Gauri Godse, JJ.) returned findings adverse to 2 police personnel, namely: Senior Police Inspector, Tardeo Police Station, Mumbai; Police Sub-Inspector, Tardeo Police Station, Mumbai, and directed payment of compensation of Rs 2 lakh (Rs 2,00,000).

- Register number: MH 01 CW 0038
- Case reference: Writ Petition No. 2436 of 2023 / 2023:BHC-AS:28590-DB
- Court and date: Bombay High Court (Coram: Revati Mohite Dere, Gauri Godse, JJ.), 29 September 2023
- Officer(s) at the material time: Senior Police Inspector, Tardeo Police Station, Mumbai; Police Sub-Inspector, Tardeo Police Station, Mumbai
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 41A of the Code of Criminal Procedure, 1973; Section 436 of the Code of Criminal Procedure, 1973; Section 354A of the Indian Penal Code, 1860; Section 509 of the Indian Penal Code, 1860; Article 21 of the Constitution of India; Article 226 of the Constitution of India
- Finding of the Court (extract): “It is thus clearly evident from the aforesaid facts, that the petitioner's husband-a Mumbai man was detained illegally by the police from around 9:30 p.m on 17th July 2023, till 1:00 p.m. on 18th July 2023, till the time, the …” (at para 20)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2 lakh (Rs 2,00,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/172112741/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2023-0028)

**Record:** CW-2023-0028 (compiler id CWC-0588); case SWILLEGA-004
**Title:** Mumbai Man vs State of Maharashtra and Others
**Court:** Bombay High Court; judges: Revati Mohite Dere; Gauri Godse
**Case number / citation:** Writ Petition No. 2436 of 2023 / 2023:BHC-AS:28590-DB
**Judgment:** 2023-09-29 (2023, day precision)
**Incident date:** 2023-07-17 (2023)
**Place:** Mumbai City, Maharashtra; city town: Mumbai; police station or unit: Tardeo Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** illegal detention false imprisonment
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** CrPC s.41A; CrPC s.436; IPC s.354A; IPC s.509; Constitution of India Art. 21; Constitution of India Art. 226
**Officers (gated display forms):** Senior Police Inspector, Tardeo Police Station, Mumbai; Police Sub-Inspector, Tardeo Police Station, Mumbai (2 in record)
**Victims:** Mumbai man (1 in record)
**Sentence / compensation:** compensation only; Rs 2 lakh (Rs 2,00,000)
**Sentence type:** compensation only (compensation_only)

The judgment of the Bombay High Court records the following account. Music teacher a Mumbai man was detained at Tardeo Police Station on 17 July 2023 and transferred overnight to Saat Rasta Lock-up in connection with C.R. No. 310/2023 registered under Sections 354A and 509 IPC, both bailable offences. Despite Sampat having complied with Section 41A CrPC notices and his advocate tendering a written request to furnish bail under Section 436 CrPC, police refused bail, stripped him in the lock-up, and released him on a personal bond only after his wife moved a habeas corpus petition before the High Court on 18 July 2023. A division bench of the Bombay High Court held that the overnight detention was entirely illegal and in brazen violation of Article 21, Section 436 CrPC, and Supreme Court arrest guidelines. The Court directed the State Government to pay Rs 2,00,000 compensation to the victim, ordered the Commissioner of Police to appoint a DCP-rank officer to conduct an inquiry into the conduct of officers at Tardeo Police Station and Saat Rasta Lock-up within eight weeks, and ordered that the compensation amount be recovered from the salaries of the officers found responsible. Matters not addressed in the cited judgment text are not recorded here.

> It is thus clearly evident from the aforesaid facts, that the petitioner's husband-a Mumbai man was detained illegally by the police from around 9:30 p.m on 17th July 2023, till 1:00 p.m. on 18th July 2023, till the time, the police learnt of the petition filed in this Court.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/172112741/); [barandbench.com](https://www.barandbench.com/news/bombay-high-court-2-lakhs-compensation-music-teacher-illegally-detained-police)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** illegal_detention_false_imprisonment
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 20
**display title redacted:** Mumbai Man vs State of Maharashtra and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2023-09-29', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Bombay High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Bombay High Court recorded adverse findings against police personnel and ordered Rs 200,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': '2023:BHC-AS:28590-DB', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/172112741/', 'link_checked': None}; {'url': 'https://www.barandbench.com/news/bombay-high-court-2-lakhs-compensation-music-teacher-illegally-detained-police', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** illegal detention false imprisonment
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** High Court held overnight lock-up detention in bailable offences illegal and violative of Art. 21 and s.436 CrPC, awarded Rs 2 lakh compensation to victim, and ordered recovery from erring officers after DCP inquiry.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2023-0028](https://datalibertarian.in/babuwatch/incident/CW-2023-0028)