RAJESH RAMRAO RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MY this petition, the petitioner has challenged his detention under section 151 of Criminal Procedure Code, 1973 by Police Station, Palghar during the Ganesh Festival of the year 1996. He was detained from 15th September, 1996 to 21st September, 1996 and was released thereafter.

(2.) THE basic contention on behalf of the petitioner is that this order of detention is totally without jurisdiction and void and therefore his detention becomes illegal. The order, according to the petitioner, is therefore liable to be quashed.

(3.) ON 15th September, 1996 the Police Officer made a report to Judicial Magistrate, First Class, Palghar, praying for extension of time and to detain the petitioner beyond the period of 24 hours as he was a known criminal and was an extremist, who move around with knife etc. would create havoc during the Ganesh Festival going on in village Safala. The learned Magistrate considering the report made by the police under section 151 (3) of Cri. P. C. accepted the contention of the police and permitted them to detain the petitioner till 21st September, 1996. Accordingly the petitioner was detained till 21st September and released thereafter.