LAWS(BOM)-2012-4-102

PRADEEP RAMESH KUMBHARE Vs. STATE OF MAHARASHTRA

Decided On April 13, 2012
PRADEEP RAMESH KUMBHARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) Admit. Learned A.P.P. waives service for respondent/State. Taken up for final hearing forthwith by consent of the parties.

(3.) Head Constable Israil Sharif, B/No.529A of Police Station Ambazari, Nagpur was on patrolling duty alongwith staff members in the night of 9.3.2011. He found one person at Bajiprabhu Nagar hiding his identity. He was accosted by Head Constable Israil Sharif with the help of staff and upon inquiry, he disclosed his name to be Pradeep Ramesh Kumbhare, present applicant. During the interrogation, the applicant was not found giving proper replies and it was thus suspected that he was hiding his movement for the purpose of commission of some serious offence. The applicant was arrested for an offence punishable under Section 122(c) of the Bombay Police Act, 1951. The applicant has prayed for to quash the charge sheet No.262/11 and consequent proceeding in Criminal Case No. 309130/11 pending in the Court of Judicial Magistrate, First Class, Nagpur.