PRAKASHCHANDRA JORAVARMAL JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under sec. 482 of the Criminal Procedure Code is filed for quashing the criminal proceedings being Criminal Case No. 1469 of 2020 arising out of N.C. Memo No. 12 of 2020 filed and pending before the Chief Judicial Magistrate, Dahod.

(2.) It is the case where on 22/12/2020, an incident took place in the main Court of the Principal District Court, Dahod, where the applicant in due discharge of his duty as an advocate was attending the Court when accidentally, the mobile phone of the applicant buzzed in vibration mode, which was noticed by the Presiding Judge and hence, the applicant had tendered apology, however, the mobile phone was seized and was handed over to the Court duty Constable, who had issued N.C. Memo No. 12 of 2022 for the offence punishable under Ss. 116 and 117 of the Bombay police Act and as the petitioner did not plead guilty, the Non-Cognizable case was transferred to the Court of Chief Judicial Magistrate with Criminal Case No.1469 of 2020.

(3.) Learned advocate for the applicant submitted that though the matter had proceeded in due course upon the seizure of the mobile phone, the applicant begs to raise the basic contention that the act alleged against the applicant does not construe an offence under Ss. 116 and 117 of the Bombay Police Act, and therefore, no prosecution can be maintained against the applicant.