RAMESH S PUJARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel appearing for the petitioners and learned A. P. P. for the respondents. By this petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 the petitioner has prayed for quashing a prosecution for an offence punishable under the Bombay Police Act, 1951 initiat ed against the petitioners. The allegat ion against the petitioners is of violat ion of provisions of section 102 of the said Act of 1951.

(2.) The submission of the learned Counsel appearing for the petitioners is that only a vague allegat ion has been made against the petitioners that they obstructed the traffic on a public road near Sukh Sagar Junction. He submitted that such a vague allegat ion will not at tract section 102 of the said Act of 1951. THE second contention is that the investigat ion was made by the Police Officer in case of non - cognizable offence in contravention of subsection (2) of section 155 of the Code of Criminal Procedure, 1973. He, therefore, submitted that a case is made out for quashing the proceedings. THE learned A. P. P. submitted that on plain reading of section 102 of the said Act of 1951, an obstruction in street or public place in any manner what soever at tracts section 102 and therefore, no case is made out for quashing.

(3.) There is no reply filed to the assertions made in paragraph no. 6 of the petition where it is alleged that investigat ion Was carried out without prior permission of the learned Magistrate.