SUSHEEL MAHADESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO petitioners are hereby taking exception to the act of in charge of Cuffe Parade Police Station, by which a charge-sheet has been filed against the petitioners in the Court of Metropolitan Magistrate, 37th Court Esplanade, Mumbai, dated 31-6-1994 for the offence punishable under provisions of sections 143, 145, 147, 148, 149, 353, 332, 447 of Indian Penal Code r/w section 37/135 of Bombay Police Act. They are assailing the act of the learned Magistrate in taking cognizance against them for the said offence.

(2.) SHRI Mundargi pointed out that annexures to the charge-sheet did not make out a case against these two officers for the offences indicated above. He submitted that the said charge-sheet submitted against the present petitioners and the cognizance taken by the learned Magistrate have to be quashed and these two petitioners be exonerated. He submitted in support of said contention that other persons who were indicated for these offences had pleaded guilty and they were resultantly punished.

(3.) SHRI Saste, A. P. P. , appearing for the State of Maharashtra made reference to the case diary and submitted that an appropriate order be passed in accordance with law. He requested the Court to peruse the case diary.