STATE OF MAHARASHTRA Vs. VINODKUMAR VRANDAVANDAS KANABAR

JUDGEMENT

(1.) The petitioners have approached this Court against the issuance of process dated 27th August,1997 under Section 217, 212 and 202 of I.P.C.

(2.) The respondent filed a complaint before the Metropolitan Magistrate, 23rd Court at Esplanade, Bombay, against the petitioners 2 and 3. It was the case of the respondent herein that complaints were filed at Byculla Police Station on 25th December, 1990 by his brother's daughter and his brother lodged another complaint. Some persons came to be arrested in the said complaint, in respect of which F.I.R. has been filed. It is contended that the petitioners 2 and 3 have failed to discharge their duty under Section 64, 23 and 25 of the Bombay Police Act.

(3.) On perusing the complaint I find the same to be totally frivolous. The Magistrate acting on the said complaint without applying his mind has issued summons under Section 212 and 202 of I.P.C.