ROSHANLAL BIHARILAL OBRAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) An apparently simple matter is sought to be made complicated in view of the hot contest.

(2.) One Roshanlal Biharilal Obrai, a permanent resident of Pune, has moved this Court by this application invoking the powers of this Court envisaged under section 438 of the Code of Criminal Procedure as he contended, inter alia, that there are reasonable grounds to believe or apprehend that he would be subjected to imminent arrest at the hands of the police in connection with certain non-bailable offences which have been registered against him at C.R. No. 361 of 1976 by the Farashkhana Police Station, Pune. The registration of the offences came to be a sequel to a complaint lodged by one G.R. Ahuja, also a resident of Pune, some time in the month of October 1976 in respect of offences alleged to have been committed by the petitioner about three years prior thereto, that means in the year 1973.

(3.) This petition had come up for orders initially on August 21, 1979, when the learned Public Prosecutor requested for time on the ground that he would be required to file an affidavit in reply. An affidavit in that behalf has now been filed by the Deputy Superintendent of Police, C.I.D. Special Cell, Pune, and the matter is now fully thrashed out by both the sides. The offences that have been registered against against the petitioner consist of those under sections 458, 467, 471 and 381 of the Indian Penal Code.