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Arun Vasant Agashe Vs. State of Maharashtra and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai High Court
Decided On
Case NumberCriminal Application Nos. 413 of 1984 and 1255 of 1983
Judge
Reported in1984(2)BomCR684
ActsBombay Police Act, 1951 - Sections 124
AppellantArun Vasant Agashe
RespondentState of Maharashtra and anr.
Appellant AdvocateR.S. Bhonsale and ;V.R. Bhonsale, Advs.
Respondent AdvocateS.S. Phanse, Public Prosecutor
Excerpt:
.....code. the act does not contain any deeming provision which by fiction of law would term a police patil as a police officer. it could be possible that an act may specifically stipulate that a police patil for all intent and purpose shall be deemed to be a police officer under the provisions of the village police act and/or the criminal procedure code. in the absence of such a deeming fiction of law, it is difficult to confer the status of a police officer in law upon a police patil or accept the contention that the police patil is clothed with the powers and functions of a police officer. neither there is any specific provisions in the act not on principle of implied interpretation it can be said that provisions of the act suggest that the police patil is a police officer in law...........magistrate, 35th court, v.t. bombay. the charge sheet is filed under section 124 of the bombay police act.2. it is common ground that the investigating officer has not obtained the sanction from the magistrate for investigation shri bhonsale, learned counsel appearing in support of this petition strongly relied upon my judgment in avinash mukhedkar v. state of maharashtra, : 1983(2)bomcr791 . in that matter i have taken a view that in connection with non-cognizable offences punishable under section 124 of the bombay police act, no investigation could be carried out without obtaining the sanction from the magistrate. in view of the judgment in avinash's case, i have no other option but to uphold the contention of shri bhonsale and quash the proceedings pending before the trial.....
Judgment:

S.P. Kurdukar, J.

1. This criminal application under section 482 of the Criminal Procedure Code is filed by the accused praying for quashing the proceedings in C.R. No. 20 of 1982, C.R. No. 20 of 1982 was filed by the V.T. Railway Police Station against the accused and the same is pending before the learned Metropolitan Magistrate, 35th Court, V.T. Bombay. The charge sheet is filed under section 124 of the Bombay Police Act.

2. It is common ground that the Investigating Officer has not obtained the sanction from the Magistrate for investigation Shri Bhonsale, learned Counsel appearing in support of this petition strongly relied upon my judgment in Avinash Mukhedkar v. State of Maharashtra, : 1983(2)BomCR791 . In that matter I have taken a view that in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act, no investigation could be carried out without obtaining the sanction from the Magistrate. In view of the judgment in Avinash's case, I have no other option but to uphold the contention of Shri Bhonsale and quash the proceedings pending before the trial Magistrate. The petition must accordingly succeed.

3. The proceedings pending before the learned Metropolitan Magistrate 35th Court, V.T. Bombay arising out of C.R. No. 20 of 1982 are quashed and set aside. The amount of Rs. 2,315/- which was taken from the possession of the petitioner-accused be returned to him. The order of return of the amount of Rs. 2,315/- is stayed upto 1st May, 1984. Rule is accordingly make absolute.


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