CW-1999-0009Thane, MaharashtraJudgment 24 March 1999

Kalyan Man vs Special Executive Magistrate, Kalyan

The petitioner, a prosecution witness in two murder cases, was repeatedly arrested by Bazarpeth police at the instance of the convict Mhatre family; two earlier Section 151(3) arrests in February and April 1998 ended in immediate release by the Judicial Magistrate. He was arrested again on 16 July 1998 under Section 41(2) with Section 110(e)(g) chapter proceedings on stale April-1998 statements, with no emergency, and jailed from 17 July to 10 August 1998 on interim-bond failure. The Court held the arrest totally illegal and uncalled for, quashed the chapter proceedings, and awarded Rs. 3,000 compensation plus Rs. 1,000 costs jointly and severally against the Sub-Inspector (sued individually) and the Special Executive Magistrate, excluding the post-17 July jail period since the family could have furnished the interim bond. 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 24 March 1999, the Bombay High Court (Coram: D.G. Deshpande, J.) returned findings adverse to the Sub-Inspector, Bazarpeth Police Station, Kalyan, and directed payment of compensation of Rs 3,000.

Register number
MH 04 CW 0004
Case reference
1999(5) Bom CR 726; 1999 Cri LJ 2676
Court and date
Bombay High Court (Coram: D.G. Deshpande, J.), 24 March 1999
Officer(s) at the material time
Sub-Inspector, Bazarpeth Police Station, Kalyan
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 41(2) of the Code of Criminal Procedure, 1973; Section 110 of the Code of Criminal Procedure, 1973; Section 151 of the Code of Criminal Procedure, 1973
Finding of the Court (extract)
“The arrest of the petitioner on 16-7-1998 under the aforesaid provisions was totally illegal and uncalled for and so also the initiation of proceedings under section 110(e) and (g).” (at para 32)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 3,000.
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 24 March 1999 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.

“The arrest of the petitioner on 16-7-1998 under the aforesaid provisions was totally illegal and uncalled for and so also the initiation of proceedings under section 110(e) and (g).” (para 32)

Institutional response

1
24 Mar 1999

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 3,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: 1999(5) Bom CR 726; 1999 Cri LJ 2676
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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