STATE OF MAHARASHTRA Vs. YOGENDRA KHANNA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondent for the offence under section 102 of the Bombay Police Act, 1951, hereinafter referred to as "the Act",

(2.) The case for the prosecution was that the respondent accused on 15th February 1975 at about 6.05 p.m. caused obstruction to traffic by his motor-car No. MRC 5601 and thereby committed an offence punishable under section 102 of the Act, The acquittal is on the ground that the place where the accused is said to have parked his car was not proved to be a no parking area since there was no "No Parking" Board.

(3.) The main submission of the learned Public Prosecutor is that it is not an essential ingredient of the offence under section 102 of the Act that the person should have parked his car in a no parking area. Even if the person leaves his vehicle upon a street for an unreasanable length of time, that would amount to causing an obstruction in a street within the meaning of section 102 of the Act. However, the allegations against the accused are vague and there is no allegation that the accused had parked his car at any place for an unreasonable length of time. The obstruction to traffic could be in several ways and unless a specific way in which the obstruction was caused was alleged and made out against the accused, it could not be said that an offence under section 102 of the Act had been committed. In the present case, there is no allegation in the accusation made against the accused that he had parked his car for an unreasonable length of time and in evidence the only ground tried to be made out was that he had parked his car where parking was not allowed. But the Police Constable examined admitted that was no "No Parking" Board at the place where the accused had parked his car. In this view of the matter, the acquittal of the accused must be held to be correct and this appeal must fail: