BAJRANG GANU KAMBLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original applicant was prosecuted for an offence punishable under Section 145(2) of the Bombay Police Act vide Summary Criminal Case No.29051 of 1992. The original applicant has expired during the pendency of this revision application and hence an application viz. Criminal Application No.779 of 2016 was preferred by the wife and son of the said applicant for impleading them as applicants with a view to challenge the impugned judgment and order of conviction. The said application was allowed vide order dated 5 th January, 2018. The original applicant is referred to as accused for the sake of brevity.

(2.) The case of the prosecution is that the accused was the police constable attached to Head Quarter in Kolhapur district at Kolhapur. From 16th January, 1991 to 13th September, 1991 he remained absent from his duty without assigning any reason or informing his senior. Report was made to the superintendent of police by the officer who used to note down the attendance. Action was directed tobe initiated against him. By notice dated 13th February, 1991, the accused was called to resume duty. However, he did not report for duty. After obtaining signature from the superintendent of police, it was decided to prosecute the accused under Section 145(2) of the Bombay Police Act and complaint was filed at Shahupuri Police Station on 10 th December, 1991. Investigation was conducted and the charge - sheet was filed on 14th October, 1992.

(3.) The accused was prosecuted for the aforesaid offence vide Summary Case No.29051 of 1992 before the then Judicial Magistrate, Kolhapur. By judgment and order dated 8th November, 2000, the accused was convicted for the offence punishable under Section 145(2) of the Bombay Police Act. He was sentenced to suffer simple imprisonment for three months and to pay fine of Rs.100/- in default to suffer further simple imprisonment for ten days.