CW-2021-0009Mumbai Suburban, MaharashtraJudgment 16 November 2021

Mumbai Man vs State of Maharashtra and Ors.

The judgment of the Bombay High Court records the following account. A Mumbai man Shaikh, arrested in a Deonar mobile-theft case (CR 399/2021, IPC 380), was kept in the Shivaji Nagar Police Station lock-up from 30.7.2021 to 5.8.2021 even though the Metropolitan Magistrate (45th Court, Kurla) had expressly declined further police custody and remanded him to judicial custody till 13.8.2021. The Court rejected the police explanation of COVID RTPCR unavailability and non-availability of vehicles as flimsy, holding the constitutional and legal rights of the accused were blatantly violated in flagrant violation of the Magistrate's order. It partly allowed the wife's habeas corpus petition, directed the State to pay Rs 20,000 compensation to the accused within four weeks, and left it open to the State to hold an inquiry, fix liability on the concerned officers and take appropriate action. 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 16 November 2021 in Writ Petition No. 2754 of 2021, the Bombay High Court (Coram: S.S. Shinde, N.J. Jamadar, JJ.) returned findings adverse to 3 police personnel, namely: Senior Police Inspector, Deonar Police Station, Mumbai; Senior Police Inspector, Shivaji Nagar Police Station, Mumbai; Police Sub-Inspector, Deonar Police Station, Mumbai, and directed payment of compensation of Rs 20,000.

Register number
MH 01 CW 0035
Case reference
Writ Petition No. 2754 of 2021
Court and date
Bombay High Court (Coram: S.S. Shinde, N.J. Jamadar, JJ.), 16 November 2021
Officer(s) at the material time
Senior Police Inspector, Deonar Police Station, Mumbai; Senior Police Inspector, Shivaji Nagar Police Station, Mumbai; Police Sub-Inspector, Deonar Police Station, Mumbai
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 41A of the Code of Criminal Procedure, 1973
Finding of the Court (extract)
“The situation which thus obtains is that, the Accused was detained in police custody in flagrant violation of the order passed by the learned Metropolitan Magistrate to lodge the Accused in prison. The constitutional and legal rights of the Accused …” (at para 15)
Verdict, sentence and quantum
Adverse finding + compensation. Compensation: Rs 20,000.
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 16 November 2021 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 situation which thus obtains is that, the Accused was detained in police custody in flagrant violation of the order passed by the learned Metropolitan Magistrate to lodge the Accused in prison. The constitutional and legal rights of the Accused …” (para 15)

Institutional response

1
16 Nov 2021

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 20,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: Writ Petition No. 2754 of 2021
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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