SHIVANAND GIRIDHAR NAIK Vs. SENIOR INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS criminal writ petition is filed by the petitioner/original accused Shivanand Giridhar Naik, being aggrieved by the filing of the charge-sheet against him by Bhiwandi Police Station in the Court of the Judicial Magistrate, First Class, 2nd Court, Bhiwandi in C. C. No. 653 of 1993, arising out of C. R. No. 233 of 1992 for offences punishable under section 145 (2) of the Bombay Police Act, 1951.

(2.) THE allegation against the petitioner, as revealed from the charge-sheet, copy of which is annexed as Exhibits A and B to the paper-book, are as follows:

(3.) IT is the contention of the petitioner that his prosecution under section 145 of the Bombay Police Act, 1951 is totally illegal, since the said offence is punishable with imprisonment which may extend to three months or with fine which may extend to Rs. 100/- or with both. He has therefore contended that as per the Schedule of the Code of Criminal Procedure, 1973, section 145 of the Bombay Police Act is a non-cognizable offence, and therefore, there cannot be any prosecution without prior permission of the Magistrate under section 145, and therefore, prosecution initiated without such a permission is bad-in-law, and the proceedings have to be quashed, and if such a prosecution is launched, then it is illegal and therefore, the proceedings have to be quashed.