SANGITA VILAS INGLE Vs. STATE OF MAHARASHTRA & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 242 of 2017, Judgment Date: Feb 06, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                    CRIMINAL APPEAL NO.242 OF 2017
                  (Arising out of SLP(Crl.)No.9587 of 2013)



Sangita Vilas Ingle                                             ...Appellant


                                   VS.


 State of Maharashtra & Ors.                                  ...Respondents



                                  J U D G M E N T

      KURIAN, J.


1.    Leave granted.
2.    The appellant is aggrieved by the summary dismissal  of  the  Criminal
Writ Petition No.53 of 2013 filed by her.
3.    The judgment dated 17th June, 2013 expressed in  cryptic  words  reads
as follows:-
“The petition involves various disputed questions of fact.  As such  we  are
not inclined to invoke extraordinary jurisdiction either under  Article  226
of the Constitution of India or under Section 482 of the  Code  of  Criminal
Procedure.

In any case, the petitioner has efficacious and adequate remedy  of  filling
complaint before the learned Judicial Magistrate, First Class.

In that view of the matter, we are not inclined to entertain this  petition.
 The petition is rejected relegating  the  petitioner  to  alternate  remedy
available in law.”


4.    The prayers made in the writ petition are as follows:
“a) This Hon'ble Court be pleased to issue a writ of mandamus  and/or  writ,
order or direction in the nature of mandamus  directing  that   officers  of
Respondent No.5 to provide the petitioner and her family with protection  at
state expenses.

b) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in the nature of  mandamus  directing  that  officers  of
Respondent No.1 be prosecuted for subjecting the petitioner and  her  family
to cruel and inhumane acts amounting to torture;

c) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in the nature of  mandamus  directing  that  officers  of
Respondent No.1 be prosecuted for detaining master  Ajay  Saurabh  and  Miss
Sukeshini.

d) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in the nature of  mandamus  directing  that  officers  of
Respondent No.1 be prosecuted for illegally handcuffing the Petitioner,  her
husband and mother Sudhabai;

e) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in the nature of mandamus directing  that  the  officials
of Respondent No.1 to initiate appropriate proceedings against its  officers
and Haridas Kuchake and his associate and file an action taken report,  with
this Hon'ble Court.

f) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or of mandamus directing that monetary compensation  as  this  Hon'ble
Court  may  deem  fit  be  paid  by  the  Respondents  collectively  to  the
Petitioner for the violation of his fundamental rights and  the  fundamental
rights of her son daughter, mother and husband;



g) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in the nature of mandamus  directing  to  Dean  of  Akola
Government Medical College to provide counseling through a  psychologist  to
the  the  Master  Sourabh  and  Miss  Sukeshini   and   to   conduct   their
psychological test and to  analyse  trauma  suffered  by  children  and  its
impact on their growth, if any.

h) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order or direction in  the  nature  of  mandamus  directing  Dean  of  Akola
Government Medical College to conduct thorough medical  examination  of  the
petitioners husband and assess the harm  suffered  by  him,  physically  and
mentally, through experts.

i) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order  or  direction  in  the  nature  of  mandamus  directing  to  initiate
proceeding against the erring officers  under  provisions  of  Indian  Penal
Code and SC ST Prevention of Atrocity act, for parading the petitioner,  her
children and her mother in the village Hatha.

j) This Hon'ble Court be pleased to issue a writ of  mandamus  and/or  writ,
order  or  direction  in  the  nature  of  mandamus  directing  to  initiate
proceeding under Indian Penal Code and SC ST Prevention of Atrocity Act  for
publicly insulting the petitioner and her family;

k) This Hon'ble Court be pleased to issue a writ of certiorari  and/o  writ,
order or direction in the nature of certiorari quashing  and  setting  aside
the FIR no.89252 crime no 2 of 13 k.

k.i. This Hon'ble Court be pleased to issue  a  writ  of  certiorari  and/or
writ, order or direction in the nature of certiorari, quashing  and  setting
aside the Chargesheet No.15 of  2013  at  Annexure  F1  and  unnumbered  and
undated Chargesheet arising out of FIR no.3001 of 2013.





k.ii. This Hon'ble Court be pleased to quash and set aside  the  Chargesheet
No.15 of 2013 at Annexure F1 and unnumbered and undated Chargesheet  arising
out of FIR no.3001 of 2013 at Annexure F2, exercising the inherent power  of
this Hon'ble Court provided under section 482 of Criminal Procedure Code.

l) That  this  Hon'ble  Court  be  pleased  to  appoint  a  commissioner  to
investigate the torture of the Ingale family at  the  hands  of  the  police
officers of Police Station Ural and those that acted in concert  with  them,
and file an appropriate report with this Hon'ble Court.”

5.    Having regard to the prayers extracted above, the High Court  was  not
justified in dismissing the writ petition  only  on  the  ground  that  some
disputed questions of fact were involved.  The writ petition requires to  be
considered on merits.
6.    Accordingly, we allow the appeal and set aside the impugned  judgment.
 The writ petition is remanded to the High Court and  we  request  the  High
Court to take up the writ petition expeditiously, consider  and  dispose  of
the same on merits, preferably within a period of one year.

                                                     .....................J.
                                                             [KURIAN JOSEPH]



                                                     .....................J.
                                                           [A.M. KHANWILKAR]

New Delhi;
February 6, 2017.