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State of Maharashtra Vs. D.R. Chatterjee - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai High Court
Decided On
Case NumberCriminal Appeal No. 706 of 1975 with Criminal Appeals Nos. 707 and 708 of 1975
Judge
Reported in(1977)79BOMLR104
AppellantState of Maharashtra
RespondentD.R. Chatterjee
DispositionAppeal dismissed
Excerpt:
.....section 102 - criminal procedure code (2 of 1974), sections 2(d), 2(n) and 251--complaint of causing obstruction to traffic--particulars to be stated.; under section 251 of the criminal procedure code, 1973, which applies to summary trials particulars of the offence with which the accused is charged have got to be mentioned to him. in a complaint charging the accused under section 102 of the bombay police act, 1951, with causing obstruction to traffic the manner of causing obstruction as to how the obstruction was caused ought to be mentioned. - indian penal code, 1860 [c.a. no. 45/1860].sections 124-a, 153-a, 153-b, 292, 293 & 295a; [f.i. rebello, smt v.k. tahilramani & a.s. oka, jj] declaration as to forfeiture of book held, the power can be exercised only if the government..........was filed on february 17, 1975, that the motor vehicle belonging to respondent-accused was found causing obstruction to traffic and thereby an offence punishable under section 102 of the bombay police act, 1951 (act no. xxii of 1951) was committed. in each of these three cases the learned honorary metropolitan magistrate, bandra, recorded the plea of not guilty of the concerned accused and has recorded the statement of the complainant that there was no no parking board. the learned magistrate has written a single line order that the offence was not proved and discharged the accused.2. the state has come in appeal saying that the procedure followed was erroneous. at any rate, the prosecution ought to have been given a chance to substantiate their case by the fuller examination of the.....
Judgment:

Dighe, J.

1. These three appeals can be disposed of by a common judgment. In each of these three cases a complaint was filed on February 17, 1975, that the motor vehicle belonging to respondent-accused was found causing obstruction to traffic and thereby an offence punishable under Section 102 of the Bombay Police Act, 1951 (Act No. XXII of 1951) was committed. In each of these three cases the learned Honorary Metropolitan Magistrate, Bandra, recorded the plea of not guilty of the concerned accused and has recorded the statement of the complainant that there was no No Parking Board. The learned Magistrate has written a single line order that the offence was not proved and discharged the accused.

2. The State has come in appeal saying that the procedure followed was erroneous. At any rate, the prosecution ought to have been given a chance to substantiate their case by the fuller examination of the complainant. It ought not to be forgotten that these are petty offences tried by the Honorary Metropolitan Magistrates. If the ingredients of the offence are not properly mentioned in the complaint itself, I think the Court will not be justified in upsetting the order passed by the Honorary Metropolitan Magistrate and no order even for remand of the case need be passed.

3. In the three cases in hand the allegations were in respect of the offence under Section 102 of the Bombay Police Act. They were in relation to the vehicles which were parked. In this context, if we refer to Section 102, we find that the offence of causing any obstruction in a street could have been substantiated if the vehicles were kept halted for an unreasonable length of time or contrary to any regulations made and published by a competent authority. The entire recitals in the complaint are as follows:

That the accused at Greater Bombay on 15th day of Feb. 1975 at about 9.15 a.m. was found his M/car No. MRH 6450 causing obstruction to traffic by his van and thereby committed an offence punishable U/S....

Word 'complaint' has been defined under Clause (d) of Section 2 of the Code of Criminal Procedure, 1973, to mean 'any allegation made orally or in writing to a Magistrate with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report'. The word 'offence' itself is defined under Clause (n) of Section 2. It means ' any act or omission made punishable by any law for the time being in force...'. Under Section 251 of the Criminal Procedure Code, which applies to the summary trials, particulars of the offence with which the accused is charged have got to be mentioned to him. If in this light, we go to the recitals in the complaint for finding out the particulars, we do not get enlightened. There is a blunt statement that obstruction to traffic was caused. It appears that the manner of causing obstruction or, at any rate, as to how it was caused ought to have been mentioned in the complaint itself. Probably in its absence, the learned Magistrate felt that the case regarding the parking of the vehicle at a place where parking was not allowed should be ruled, out by asking a question. When the Magistrate was convinced that that was not so, he concluded that the offence could not be proved.

4. In view of not clearly stating oven in a nut-shell how the obstruction was caused, the conclusions arrived at by the learned Magistrate could not be looked upon as erroneous. The prayer made by the State, therefore, cannot be accepted. Hence the order:

5. The appeals are dismissed.


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