MAHARASHTRA MURDAN PARISHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is filed with following prayers:-

(2.) Learned counsel appearing for the applicants submits that to exercise the powers under Section 438 of Code of Criminal Procedure, there is no pre-condition that the FIR should be registered. He further invites our attention to the averments in the application, grounds taken therein and submits that, the applicants are asked to deposit certain amount before 20.09.2020, and in case applicants fails to deposit the amount as indicated in the notice, in that case police may arrest them. It is submitted that, the police are likely to register the FIR and after investigation may file the charge sheet qua applicants and therefore, in anticipation this application is filed seeking the aforesaid reliefs. Learned counsel submits that the police may arrest the applicants and therefore, protection may be granted to the applicants.

(3.) Learned APP appearing for Respondent-State vehemently opposed the prayers. She submits that, there is no occasion for filing the present application, inasmuch as the police have not registered the FIR. Learned APP further submits that, there is no cause of action for filing the application and therefore, the application may be rejected.