JUDGMENT : S.S. Shinde, J. 1. This Petition is filed with following substantive prayers: "(B) That, the respondent no.1 and 2 may kindly be directed to conduct the proper inquiry through C.B.I. about the custodial death of the petitioner's husband Shri Ashok Londhe on 29-8-2001 in police custody of respondent No.8. (C) Compensation amount of Rs.5,00,000/- be made immediately to the petitioner in respect of murder committed by respondent No.8 of her husband Ashok Londhe while he was in police custody of respondent No.8." 2. Brief facts giving rise to file this Petition can be stated as under: (A) It is the case of the Petitioner that, on 29th August, 2001, Police of Zilha Peth Police Station, Jalgaon have committed murder of the Petitioner's husband, namely Ashok Londhe, while he was in custody of Zilha Peth Police, Jalgaon i.e. Respondent No.8. The said murder has been committed by Respondent No.8, by using the knife and Gupti. A news item was published in the newspaper stating that an accused Ashok Londhe died while he was in the custody of Zilha Peth Police Station. The Petitioner further referred to another news item published in 'Daily Lokmat' on 4th September, 2001, wherein it was stated that, in respect of custodial death of Ashok Londhe inquiry through Magistrate would be conducted and the same shall start on 10th September, 2001. (B) The Petitioner then referred to the news item published in Daily Lokmat on 31st August, 2011 wherein it is stated that, thorough inquiry should be conducted in respect of custodial death of Ashok Londhe, and whoso ever are responsible for the same, they should be punished. The Petitioner further referred to the news item published in 'Daily Lokmat' on 3rd September, 2001 in respect of custodial death of her husband, and suspicious role of police of Zilha Peth Police Station, Jalgaon. (C) The Petitioner further contended that the people from S.T. Community have made agitation before the Government Hospital, wherein an appeal was made that regarding custodial death of Ashok Londhe, an inquiry be conducted through C.I.D. The Petitioner further contended that, she has made representation to Respondent Nos.1 and 2 stating that proper inquiry should be conducted regarding the custodial death of her husband. (D) The Petitioner further stated that due to inaction on the part of the Respondents, on 25th November, 2005, she has made complaint against Respondents before the Maharashtra State Human Rights Commission. The said complaint was registered by the Registrar of Human Rights Commission and a notice was issued to the Petitioner directing her to submit rejoinder affidavit to the report of State Crime Branch, Jalgaon. Accordingly, the Petitioner has filed an affidavit before the Human Rights Commission pointing out, how custodial death of her husband took place. It is further submitted that, the Petitioner has made several representations to the Respondents but the same were neither responded nor any cognizance was taken, and therefore the present Petition is filed. 3. Learned counsel appearing for the Petitioner submits that, during the night of 29th August, 2001 a quarrel took place between the Petitioner and her husband on trifle issue, and the Petitioner lodged complaint with Zilha Peth Police Station, Jalgaon. Police visited her house, and took her husband Ashok Londhe to Zilha Peth Police Station. In the police station husband of the Petitioner was mercilessly beaten by the Police Station Officer who was under the influence of alcohol. The Police Station Officer also assaulted Ashok Londhe by Gupti and knife. As a result of injuries caused to Ashok Londhe due to beating given by the Police Station Officer, Ashok Londhe died in the police station itself. It is submitted that after the death of Ashok Londhe, his dead body was dragged out of the police station and kept on the floor of Datta Mandir, which is near Zilha Peth Police Station, Jalgaon. It is submitted that for the death of husband of the Petitioner the police of Zilha Peth Police Station, Jalgaon are responsible. She therefore submits that about the custodial death of husband of the Petitioner an inquiry be conducted through C.B.I. She further prays that a compensation of Rs.5,00,000/- be paid to the Petitioner. 4. On the contrary, learned A.P.P. appearing for the State, referring to the affidavit in reply filed on behalf of the Respondents, submitted that the allegations made by the Petitioner that police personnel of Zilha Peth Police Station have committed the murder of the husband of the Petitioner, namely, Ashok Londhe are baseless, and the said allegations are made only relying upon the news published in the news paper. It is submitted that one complaint was lodged against the husband of the Petitioner by one Suresh Hiraman Kasbe, resident of Rajiv Gandhi Nagar, Jalgaon for the offences punishable under Sections 323, 504, and the same was registered as N.C. No.345 of 2001. The husband of the Petitioner was called upon to visit the police station, and he was directed to maintain peace and not to indulge in quarrels. By giving the above said oral directions, the husband of the Petitioner was relieved from the police station. It is submitted that the husband of the Petitioner was neither arrested by the police nor he was in the police custody. It is further submitted that, on the next day morning, husband of the Petitioner was found dead in front of Datta Mandir, which is near the premises of the police station. As husband of the Petitioner was found in lying condition by one Police Constable, namely, Uday Balkrishna Kulkarni, B. No.2208. The said police constable tried to wake up him but as there was no response, husband of the Petitioner was taken to Civil Hospital, Jalgaon. The husband of the Petitioner was examined by Dr. Surwade, a medical officer in the civil hospital and declared him dead. On the said information, accidental death was registered bearing A.D. No.57 of 2001 in Zilha Peth Police Station, Jalgaon. 5. The learned A.P.P. further submitted that immediately inquest was conducted on the body through the Tahsildar Shri S.D. Kasar. In the inquest panchnama it is stated that, there are no injuries on the dead body nor there are any signs or any violence on the body. It is further submitted that postmortem was conducted through Dr. Indurkar and Dr. Bharambe and these autopsy surgeons gave an opinion that, no exact opinion about the cause of death can be given, but the probable cause of death is 'cardio respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion. Thereafter all the Histopathology reports were received from the Medical College, Dhule and final cause of death was opined by the Medical Officer as 'Cardio Respiratory failure due to right side lobar pneumonia long with Bilateral pleural adhesion'. It is further submitted that, while conducting inquest panchnama, proceedings were recorded through V.D.O. Recording. 6. Thereafter all the Histopathology reports were received from the Medical College, Dhule and final cause of death was opined by the Medical Officer as 'Cardio Respiratory failure due to right side lobar pneumonia long with Bilateral pleural adhesion'. It is further submitted that, while conducting inquest panchnama, proceedings were recorded through V.D.O. Recording. 6. It is submitted that detail inquiry was conducted through Sub Divisional Magistrate, Jalgaon under the provisions of Section 177 of the Code of Criminal Procedure. The Sub Divisional Magistrate considered all aspects of the matter and arrived at conclusion that, the husband of the Petitioner, Ashok Londhe died due to cardio respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion. It is further submitted that after considering the reply filed by the respondent authorities, the complaint before Human Rights Commission is closed. It is submitted that an inquiry was conducted by the office of the Human Rights Commission and it was informed that the case is closed. It is further submitted by the learned A.P.P. that, the contention of the Petitioner, that death of her husband is custodial death for which the Respondent authorities are responsible, is utterly false and baseless. 7. It is submitted that the matter was also independently inquired through C.I.D., Jalgaon Unit. Even the C.I.D. Unit found that certain officers have acted negligently and they have failed in performance of their duty and for such negligence, punishment is awarded to the officers namely, Shri B.D. Kalde, API, Police Head Constable Shri D.S. Naik, Shri V.D. Choudahri, ASI, Shri U.D. Kulkarni, Police Constable. In the inquiry conducted by C.I.D., it was found that, deceased Ashok Londhe, resident of Rajiv Gandhi Nagar, Jalgaon was having two wives, namely, Anjanabai and Kamalbai. On 28th January, 2001 at about 10.30 p.m. Ashok Londhe and Anjanabai had quarrel on the domestic reasons and hearing the noise, Suresh Kasbe, cousin brother of Anjanabai, tried to intervene the quarrel. At that time Ashok Londhe started abusing Suresh Kasbe and gave slaps and also made allegations against Suresh Kasbe that Suresh had an evil eye on Anjanabai. Suresh replied that Anjanabai is his sister and asked Ashok to stop such allegations. Inspite of intervention of Suresh, deceased Ashok continued to beat Anjanabai. Thereafter Anjanabai rushed towards police who were on Bandobast duty. Suresh replied that Anjanabai is his sister and asked Ashok to stop such allegations. Inspite of intervention of Suresh, deceased Ashok continued to beat Anjanabai. Thereafter Anjanabai rushed towards police who were on Bandobast duty. Accordingly, police referred Ashok Londhe along with his son and nephew Shekhar Sasane and one Home Guard, to the police station. Non cognizable report was lodged by Suresh Kasbe against Ashok Londhe. Rickshaw driver told the police officials that Ashok Londhe was under influence of liquor. The police of Zilha Peth Police station when directed Suresh Kasbe to go to home, Suresh Kasbe replied that Ashok Londhe may again trouble him after reaching home. Police Station Officer Shri Naik asked Ashok Londhe to wait for some time and thereafter directed him not to quarrel and maintain peace. On 29th August, 2001 at about 7.50 a.m. Ashok was seen lying on the floor in the temple, and when he was shifted to hospital, doctor declared him dead. The C.I.D. Jalgaon Unit, in the inquiry found that, Ashok Londhe died due to Cardio Respiratory Failure due to right side lobar pneumonia along with Bilateral pleural adhesion. Learned A.P.P. lastly submitted that, the Petitioner is not entitled for any relief and the Petition deserves to be rejected. 8. We have given careful consideration to the submissions of learned counsel appearing for the Petitioner and learned A.P.P. appearing for the State. With their able assistance, we have perused the grounds taken in the Petition, annexures thereto, reply filed on behalf of the Respondents, annexures thereto, report of the inquiry conducted by the C.I.D. and report of the inquiry conducted by the Sub Divisional Magistrate, Jalgaon under the provisions of Section 177 of the Code of Criminal Procedure. 9. It is the allegation of the Petitioner that her husband was mercilessly beaten and murder of her husband was committed by the police station officer by using weapons like knife and Gupti. It is the further allegation of the Petitioner that due to the injuries caused by the police station officer to the private parts of her husband, he died in the police station itself. In this context, we have perused the inquest panchnama conducted by Tahsildar Shri S.D. Kasar, on the dead body of Ashok Londhe. In the inquest panchnama, it is stated that: "HINDI". In this context, we have perused the inquest panchnama conducted by Tahsildar Shri S.D. Kasar, on the dead body of Ashok Londhe. In the inquest panchnama, it is stated that: "HINDI". Thus upon careful perusal of the inquest panchnama, it is crystal clear that there were no injuries on the dead body of Ashok Londhe nor there were any signs of violence on the dead body. 10. Upon perusal of the documents placed on record, it reveals that regarding the allegations of custodial death of Ashok Londhe, detail inquiry was conducted through Sub Divisional Magistrate, Jalgaon under the provisions of Section 177 of the Code of Criminal Procedure, the report of which runs into in all 166 pages. Shri S.D. Khadke, Sub Divisional Magistrate, Jalgaon, Sub Division, Jalgaon has conducted detail inquiry and submitted his report on 27th February, 2002. We have carefully perused the said report. During the said inquiry, the Sub Divisional Magistrate has recorded statements of as many as 20 persons, including Anjanabai Ashok Londhe wife of Ashok Londhe, Baban Bansi Upadhye son in law of Ashok Londhe, Kamalbai another wife of Ashok Londhe, Babu Bhila Londhe father of Ashok Londhe, Suresh Hiraman Kasbe relative of Anjanabai, Sopan Ramdas Kasar Tahsildar and Executive Magistrate, Jalgaon Taluka, and the police officials working in Zilha Peth Police Station, Jalgaon, namely, Bharat Dagadu Kakade, API, D.S. Naik and B.M. Deoraj head constables, V.N. Jadhav and U.B. Kulkarni, police constables, B.D. Choudhari, ASI, A.R. Patil, police constable. The Sub Divisional Magistrate has also recorded statement of Dr. Surendra Ramchandra Surwade, Medical Officer, Civil Hospital, Jalgaon, who immediately examined Ashok Londhe when he was brought in the Civil Hospital by the police officials. After detail inquiry, the Sub Divisional Magistrate recorded his conclusions as under: "Conclusions: Relatives of Ashok Londhe mainly his wives, Anjanabai Ashok Londhe and Kamalbai Ashok Londhe, Suresh Hiraman Kasbe, Babu Bhila Londhe stated in their statements that Ashok Londhe had quarrel with his wife Anjanabai Ashok Londhe. Suresh Hiraman Kasbe tried to intervene in the quarrel. Ashok Londhe beat Suresh Kasbe in the night of 28/8/2001. Police constables who were at duty near Ambedkar statue in Harivitthal Nagar, took Ashok Londhe to police station. Anjanabai Londhe, wife of Ashok Londhe, Suresh Hiraman Kasbe and his wife went to Zilha Peth police station where non cognizable offence (under section 323 & 504 of IPC) was registered against Ashok Londhe. Police constables who were at duty near Ambedkar statue in Harivitthal Nagar, took Ashok Londhe to police station. Anjanabai Londhe, wife of Ashok Londhe, Suresh Hiraman Kasbe and his wife went to Zilha Peth police station where non cognizable offence (under section 323 & 504 of IPC) was registered against Ashok Londhe. As per statement of relatives of Ashok Londhe, he was arrested by police and was put in the lock up. Police at duty asked relatives of Ashok Londhe to come in next morning. When Kamalbai Londhe, wife of Ashok, Ganesh, son of Ashok Londhe went Zilha Peth police station next morning, they were told that Ashok Londhe is dead. According to relatives of Ashok Babu Londhe, he died due to beating of police. Before postmortem, inquest was done by S.R. Kasar, Tahsildar and Executive Magistrate, Jalgaon Taluka. In inquest, there were no signs of beating or any wounds. Probable cause of death in advanced postmortem report was given as death due to cardio respiratory failure due to right side at Lobar Pneumonia along with Bilateral pleural adhesion. Viscera was preserved. As per viscera examination report general and specific chemical testing did not reveal any poison. So final cause of death after chemical analysis and Histopathological report has been given as below: "Cause of death: - Cardio Respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion.". In the concluding part of the report of the Sub Divisional Magistrate, it is stated that: "As per statements of Thane Amaldar Deochand Naik case was registered against Ashok Babu Londhe under section 323 & 504 of IPC for non cognizable offence. He was asked to sit in the police station for some time and then he was asked to go home. In the morning Uday Kulkarni, police constable found Ashok Londhe near water tank in the campus of Zilha Peth police station unconscious. They took Ashok Londhe to Civil Hospital where doctor declared him dead. From verification of station diary, lock up register it is seen that, there are no such entries which can prove that Ashok Londhe was arrested. Also in inquest report it is not seen that there are any signs of beating nor wounds have been detected.". They took Ashok Londhe to Civil Hospital where doctor declared him dead. From verification of station diary, lock up register it is seen that, there are no such entries which can prove that Ashok Londhe was arrested. Also in inquest report it is not seen that there are any signs of beating nor wounds have been detected.". In the final Conclusion of the report of Sub Divisional Magistrate, it is stated that : "Conclusion:- Ashok Babu Londhe died due to cardio respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion." 11. Thus, after careful perusal of the report of the inquiry conducted by the Sub Divisional Magistrate, it is clear that Ashok Londhe was not arrested by the police, in the inquest panchnama there were no signs of beating nor there were any wounds. After conducting thorough inquiry, the Sub Divisional Magistrate concluded that, Ashok Babu Londhe died due to cardio respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion. Thus, after careful perusal of the report submitted by the Sub Divisional Magistrate, the possibility of custodial death of Ashok Londhe is completely ruled out. 12. It further reveals from perusal of the record that regarding the allegations of custodial death of Ashok Londhe, an independent and detail inquiry was also conducted through Mr. B.P. Badgujar, Police Inspector, C.I.D., Jalgaon Unit. The report of the inquiry conducted by the C.I.D., dated 22nd June, 2002 is placed on record by the Respondents. The Police Inspector, C.I.D., Jalgaon has perused the relevant record and recorded statements of 66 persons, including relatives of Ashok Londhe, police officials working in Zilha Police station, Jalgaon at the relevant time, the medical officers etc. In the inquiry conducted by the Police Inspector, C.I.D., it was found that, deceased Ashok Londhe, resident of Rajiv Gandhi Nagar, Jalgaon was having two wives, namely, Anjanabai and Kamalbai. On 28th January, 2001 at about 10.30 p.m. Ashok Londhe and Anjanabai had quarrel on the domestic reasons and hearing the noise, Suresh Kasbe, cousin brother of Anjanabai, tried to intervene the quarrel. At that time Ashok Londhe started abusing Suresh Kasbe and gave slaps and also made allegations against Suresh Kasbe that Suresh had an evil eye on Anjanabai. Suresh replied that Anjanabai is his sister and asked Ashok to stop such allegations. At that time Ashok Londhe started abusing Suresh Kasbe and gave slaps and also made allegations against Suresh Kasbe that Suresh had an evil eye on Anjanabai. Suresh replied that Anjanabai is his sister and asked Ashok to stop such allegations. Inspite of intervention of Suresh, deceased Ashok continued to beat Anjanabai. Thereafter Anjanabai rushed towards police who were on Bandobast duty. Accordingly, police referred Ashok Londhe along with his son and nephew Shekhar Sasane and one Home Guard, to the police station. Non cognizable report was lodged by Suresh Kasbe against Ashok Londhe. Rickshaw driver told the police officials that Ashok Londhe was under influence of liquor. The police of Zilha Peth Police station when directed Suresh Kasbe to go to home, Suresh Kasbe replied that Ashok Londhe may again trouble him after reaching home. Police Station Officer Shri Naik asked Ashok Londhe to wait for some time and thereafter directed him not to quarrel and maintain peace. On 29th August, 2001 at about 7.50 a.m. Ashok found lying on the floor in the temple and when he was shifted to hospital, doctor declared Ashok Londhe dead. The C.I.D. Jalgaon Unit, in the inquiry found that, Ashok Londhe died due to Cardio Respiratory Failure due to right side lobar pneumonia along with Bilateral pleural adhesion. After conducting the detail inquiry, the final conclusion drawn by the Police Inspector, C.I.D., Jalgaon Unit, is as under: "HINDI". Upon perusal of the report of the inquiry conducted by the Police Inspector, C.I.D. Unit, Jalgaon, it further appears that the inquiry officer found that certain officers have acted negligently and they have failed in performance of their duty and for such negligence, punishment like stoppage of increments was awarded to the officers namely, Shri B.D. Kalde, API, Police Head Constable Shri D.S. Naik, Shri V.D. Choudahri, ASI, Shri U.D. Kulkarni, Police Constable. 13. Thus, upon careful perusal of the report of the inquiry conducted by the Police Inspector, C.I.D. Unit, Jalgaon, it reveals that Ashok Londhe died due to "Cardio respiratory failure due to right side lobar pneumonia along with Bilateral pleural adhesion." Thus, it is clear that it was not the case of custodial death. 14. It appears that during the course of hearing of this Petition, on 21st July, 2017 this Court (CORAM: T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.) passed an order, Para 1 of which reads as under: "1. 14. It appears that during the course of hearing of this Petition, on 21st July, 2017 this Court (CORAM: T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.) passed an order, Para 1 of which reads as under: "1. Learned A.P.P. is heard for some time. This Court has carefully gone through copy of the post mortem report available in the proceedings. On perusal of 4 pages of post mortem report, it appears that, pages 1 and 2 of post mortem report are not of the same form of post mortem report, of which pages 3 and 4 are there. The fonts of pages 3 and 4 are different from the font appearing on pages 1 and 2 of the form. Further, there is no column of "surface wound" in all the 4 pages. These circumstances have created serious doubt about this document. Learned A.P.P. is advised to see that original record from the Civil Hospital, Jalgaon including the register in which the entries are made, is produced. Similarly, learned A.P.P. to see that the entire record of magisterial enquiry into the cause of death is produced before the Court." 15. In response to the above referred order passed by this Court on 21st July, 2017, Dr. Nitin s/o Motiram Bharambe, presently working as Medical Officer, Class-I, Civil Hospital, Nandurbar, DistNandurbar filed additional affidavit. It is stated in the said affidavit by Dr. Bharame that on 29th August, 2001 he was on duty as Medical Officer in General Hospital, Jalgaon along with Dr. Indurkar. Dr. Indurkar and Mr. Bharambe, on that day, conducted postmortem on one Ashok Babu Londhe whose dead body was brought by police of Zilha Peth police station. After conducting postmortem, report was issued Probable cause of death mentioned in the postmortem report is "cardio respiratory failure due to Right side of lobar pneumonia along with bilateral pleural adhesions. After receiving and reviewing report of Chemical Analysis of examination of viscera and histopathology report, final opinion as to cause of death was mentioned as "cardio respiratory failure due to Right side of lobar pneumonia along with bilateral pleural adhesions". It is further submitted that cause of death shown in postmortem report is given after taking into consideration of all findings mentioned in all columns of postmortem report. It is further submitted that cause of death shown in postmortem report is given after taking into consideration of all findings mentioned in all columns of postmortem report. It is further submitted that the postmortem report which is on record is written and issued by General Hospital, Jalgaon under the signature of Dr. Indurkar and Dr. Bharambe. The contents of postmortem report which is on record, are true and correct and cause of death which is noted in the postmortem report is further confirmed by the Chemical Analysis Report and Histopathology report. It is further stated that on examination by naked eyes of both lungs of said Ashok Londhe while conducting postmortem report also, they have noticed that both lungs were congested, edematous and bilateral fibrinous pleural adhesions more on right side. Right lung showed consolidation of mainly of lower lobe. It is further stated by Dr. Bharambe that he has also gone through the report of Histopathology of deceased Ashok Londhe. The report is conclusive since lungs were shown as autolysis. 16. Thus upon careful perusal of the contents of the affidavit filed by Dr. Bharambe, Medical Officer, ClassI, Civil Hospital, Nandurbar, who conducted postmortem on the dead body of Ashok Londhe, it is clear that cause of death of Ashok Londhe was "Cardio respiratory failure due to Right side of lobar pneumonia along with bilateral pleural adhesions". Thus, there is no substance in the allegations of the Petitioner that death of her husband took place while he was in custody of the police of Zilha Peth Police Station. 17. Thus, in the light of discussion herein above, we are of the considered view that the death of Ashok Londhe was not the custodial death. Ashok Londhe died due to cardio respiratory failure. Though Ashok Londhe was called by the police of Zilha Peth Police station, Jalgaon, he was never arrested, and after giving understanding he was allowed to go from the police station. When Ashok Londhe came out of the police station, it appears that he went in the temple which was near by the police station and in the temple he died due to cardio respiratory failure. Thus, there is no substance in the allegations made by the Petitioner that her husband Ashok Londhe met with custodial death. When Ashok Londhe came out of the police station, it appears that he went in the temple which was near by the police station and in the temple he died due to cardio respiratory failure. Thus, there is no substance in the allegations made by the Petitioner that her husband Ashok Londhe met with custodial death. Already regarding the death of Ashok Londhe an inquiry through Sub Divisional Magistrate, Jalgaon and also an inquiry through Police Inspector, C.I.D. Jalgaon Unit, had been conducted. Therefore further inquiry through C.B.I. is not at all necessary. So also the Petitioner is not entitled for any compensation. 18. For the reasons aforestated, we are unable to persuade ourselves to grant any relief to the Petitioner. Hence the Writ Petition stands rejected. Rule stands discharged. 19. We appreciate the able assistance rendered by learned counsel Ms. A.N. Ansari during the course of hearing of this Petition, to come to the right conclusion. We quantify her fees to Rs.7500/- (Rupees Seven Thousand Five Hundred).