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2021 DAILYLAW 2207 (BOM)

CHANDRAKALABAI WD/O. DILIP KALE AND ANR v. THE STATE OF MAHARASHTRA AND OTHERS

WP/184/2021 · 2026-09-02

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Judgment text

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922 CRIMINAL WRIT PETITION NO. 184 OF 2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 CRIMINAL WRIT PETITION NO. 184 OF 2021 Chandrakalabai Wd/o. Dilip Kale And Another Versus The State Of Maharashtra And Others __________________________________________________________ • Adv. Pankaj A. Bharat h/f. Adv. Gaikwad Satish A. for the Petitioners • Mr. A. S. Shinde, Addl.P.P. for State __________________________________________________________ CORAM : SANDIPKUMAR C. MORE AND VAISHALI PATIL-JADHAV, JJ. DATE : SEPTEMBER 02, 2026 PER COURT : 1) Heard. 2) The petitioners have filed this petition seeking direction to pay compensation of Rs.10,00,000/- to them on account of the alleged failure on the part of the jail authorities to provide proper medical treatment to the undertrial prisoner, Dilip Kale, who ultimately died on 09.08.2018. 3) Learned Additional Public Prosecutor, by pointing out the affidavit-in-reply and the documents Komal Kamble Page| 1 of 3 2026:BHC-AUG:40397-DB 922 CRIMINAL WRIT PETITION NO. 184 OF 2021 annexed thereto, submitted that the deceased, namely, inmate Dilip Kale, was ill and was admitted to the Government Medical Hospital for about nine days prior to his death. 4) On going through the documents annexed to the affidavit-in-reply, it appears that the concerned Judicial Magistrate First Class (J.M.F.C.), Aurangabad, had also conducted an enquiry into the death of Dilip Kale under Section 176(1-A) of the Code of Criminal Procedure, 1973. On going through the said enquiry report, it appears that the learned J.M.F.C. had come to the conclusion that the death of Dilip Kale was due to his illness and was a natural death. 5) Even the Petitioner No. 1 had stated, at the relevant time, that she had no complaint against anybody in respect of the death of Dilip Kale. The report of the concerned J.M.F.C. dated 12.02.2019 was also considered by the Maharashtra State Human Rights Commission on 26.04.2023, which observed that Dilip Kale had died Komal Kamble Page| 2 of 3 922 CRIMINAL WRIT PETITION NO. 184 OF 2021 naturally and that there was nothing to indicate that he had died an unnatural death. 6) Thus, we are not inclined to grant any relief to the petitioners. In view of the same, the Criminal Writ Petitoin stands dismissed. (VAISHALI PATIL-JADHAV) JUDGE (SANDIPKUMAR C. MORE) JUDGE Komal Kamble Page| 3 of 3