SANGITA VILAS INGLE Vs. STATE OF MAHARASHTRA & ORS
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 226 - Opening case for prosecution
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.