RAJENDRA DHONDU BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Pradhan with Ms. Khot the learned counsel for the petitioner and Mr. Merchant the learned counsel for the respondent no.2. The learned APP appears for respondent no.1-State.

(2.) This is an application filed under Section 482 of Cr. P. C. invoking inherent powers of this court to, (a) quash the proceedings in Criminal Case No. 83/misc. /2006 (27/i & R/2006), (b) in the alternative direct the Police Officer of M. R. A. Marg Police Station, Mumbai to release the petitioner on bail in case of his arrest i. e. grant him an anticipatory bail and (c) by way of interim relief it has been prayed that the respondent-State of Maharashtra be directed not to take coercive action against the petitioner during the pendency of this application and to stay the proceedings in Criminal Case No. 83/misc. /2006 (27/i & R/2006 ).

(3.) Pursuant to the order passed on5/5/2005 the complaint of the respondent no.2 was taken up for verification before the learned Chief Metropolitan Magistrate, Esplanade, Mumbai who subsequently transferred the complaint to the court of the learned Addl. Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai. The respondent no.2 filed an application on4/9/2006 before the learned Addl. Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai and prayed for orders under Section 156 (3) of Cr. P. C. and on16/9/2006 the learned Magistrate directed that the complaint be sent to the Deputy Commissioner of Police, Zone-I for enquiry under Section 156 (3) of Cr. P. C. by an appropriate officer. The DCP, Zone-I assigned the investigation to an officer of the Dongri Police Station, but subsequently it was transferred to M. R. A. Marg Police Station by his predecessor Shri. Naval Bajaj, DCP on the representation made by the respondent no.2. The M. R. A. Marg Police Station undertook the investigation and on21/11/2006 registered the FIR for the offences punishable under Sections 191 to 193, 195, 196, 200 and 211 of IPC, Section 58 read with Section 8 (c) and 29 of NDPS Act, 1985 and Sections 3 and 25 of the Arms Act against 13 persons as noted hereinabove. The complaint of respondent no.2 on transfer/representation to the Additional Chief Metropolitan Magistrate, Mazgaon, has been registered as Criminal Case No. 83/misc. /2006 (27/i&r/2006 ). The petitioner-police officer, therefore, prays for quashing of the FIR as well as the Criminal Case No. 83/misc. /2006 (27/i&r/2006 ).