SAYEEDA SHABBIR MUKADAM vs THE STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3902 OF 2018 Smt. Sayeeda Shabbir Mukadam ] Age 45 years, Occ; House Wife, ] of Ratnagiri, Indian Inhabitant ] Residing at village Bandrawadi ] Tal. Rajapur, Dist. Ratnagiri ] …. Petitioner Versus 1. The State of Mahararashtra ] 2. The Superintendent of Police ] Ratnagiri District Jail Road, ] Ratnagiri. ] 3. Smt. Suvarna Patki, P.I. ] Rajapur Police Station, Ratnagiri ] 4. Smt. Sandhyarani Desmukh ] Superintendent, Ratnagiri State ] Excise, Dist : Ratnagiri. ] 5. Shri Pramod Shankar Kamble ] Sub Inspector, State Excise ] Lanja Division, Ratnagiri ] Presently deputed at State Excise, ] Old Custom House, Shahid ] Bhagatsingh Road, Fort, ] Mumbai – 400 001. ] 6. Shri Milind Shankar Mali ] Police Constable B. No.92, ] State Excise Flying Squad, House ] No.1178, Ganga Niwas, Pandaw Nagar, ] Nachane, Ratnagiri. ] …. Respondents Mr. Imtiyaz Patel for the Petitioner. Mrs. Rutuja A. Ambekar, APP for the State – Respondent. CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. JUDGMENT RESERVED ON : JULY 28, 2025 JUDGMENT PRONOUNCED ON : SEPTEMBER 15, 2025 1 JUDGMENT (Per Gautam A. Ankhad, J.) :- 1. Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of parties. 2. The Petitioner alleges that on 16th January 2018, her husband Shabbir Mukadam, was killed in an encounter by Respondent Nos. 4 to 6 at Javelethar, Taluka- Rajapur, District - Ratnagiri. Since the police has refused to register a First Information Report (‘FIR’) against them, the Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the following reliefs :- “a). That this Hon’ble Court may be pleased to issue writ of ce