SUKESH SHRIDHAR SHETTY Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) BY this Petition under Article 226 of the Constitution of India, it is essentially prayed that the FIR registered against the Petitioners being C.R.No.293 of 2010 in Malad Police Station, Mumbai be quashed and set aside. In addition, there are other two prayers which however, are not pressed during the course of argument with request to keep all the questions in that behalf raised by the Petitioners open to be decided at the appropriate stage.

(2.) ' Besides, although relief in terms of prayer clause (c) is for quashing of FIR, during the course of argument, Counsel for the Petitioners has stated on instruction that the Petitioners will only press for quashing of application of offence under sections 3 and 7 of the Child Labour (Prohibition and Regulation) Act, 1986, against them in the impugned FIR. In other words, no argument is canvassed before us with regard to the application of section 374 of I.P.C. and Section 23 and 26 of Juvenile Justice (Care & Protection of Children) Act, 2000.

(3.) ' We make it clear that observations made in this Judgment in no way mean that we have expressed any opinion one way or the other in the context of offence under section 374 of I.P.C. or sections 23 and 26 of the Act of 2000. All questions raised in the context of those offences are left open to be agitated in appropriate proceedings by the Petitioners after filing of the chargesheet.