PAULRAJ JOSEPH NADAR Vs. S V BHAVE

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution it is prayed by the petitioners that the chargesheet being L.A.C.3234 of 1990 and C.C.5544/H/90 pending before the Metropolitan Magistrate, 12th Court, Bombay be quashed.

(2.) IT is an admitted position that the chargesheet is filed on the ground that the petitioner No.1 is owning and petitioner No.2 is running a video parlour at 90 Feet Road, Kumbhar Wada, Dharavi, without police licence and thereby have committed an offence punishable under Section 33(1)(W) read with Section 131 of the Bombay Police Act.

(3.) MRS .Pawar, learned A.P.P., fairly conceded that the permission of the concerned Magistrate has not been obtained as required by Section 155 of the Code of Criminal Procedure. However she urged that this Court should not interfere with the pending prosecution since the petitioners have failed to show any prejudice caused to them by failure to obtain permission of the Magistrate under Section 155 of the Code of Criminal Procedure.