KHIZZER AKHTAR SHAH Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2016-5-82
HIGH COURT OF BOMBAY
Decided on May 06,2016

Khizzer Akhtar Shah Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) Rule. Rule is made returnable forthwith. Learned APP appearing for the Respondent/State waives service. This is an application under Section 482 of the Code of Criminal Procedure, 1973 ('Code') preferred by the Applicant challenging the criminal proceedings arising out of CR No. 75 of 2014 registered with Shivaji Park Police Station for offence punishable under Section 279 of Indian Penal Code ('IPC') and Section 184 of Motor Vehicles Act, 1988 ('the Act')
(2.) Brief facts of the prosecution case are as follows. The complainant is a Police Constable attached to Shivaji Park Police Station. It is alleged that the complainant along with other police personnel were posted for Nakabandi during the night of 23 March, 2014 and 24 March, 2014 at Baban Prabhu Veer Savarkar Marg, Dadar (West), Mumbai. It is alleged that the accused persons were found recklessly and negligently driving their vehicles on the said road. The accused were apprehended and their vehicles were taken into custody by the police. In view of the aforesaid acts, the offences were registered with Shivaji Park Police Station by registering first information reports ('FIRs') on 24th March, 2014. The Applicant was one of the accused who has been impleaded in the said FIR. The police thereafter conducted investigation and the charge-sheet has been filed against the Applicant and the proceedings are pending before the Court of Metropolitan Magistrate, 5th Court, Bhoiwada, Dadar, Mumbai vide CC No. 728/PS/14.
(3.) The Applicant has challenged the said proceedings by invoking inherent power of this Court under Section 482 of the Code. It is submitted by the learned Counsel appearing for the Applicant that prima facie, the FIR does not make out any of the alleged offences. It is further submitted that it is an abuse of the process of law to prosecute the Applicant on the basis of the impugned FIR. It is also submitted that the entire charge-sheet does not make out the offence either under Section 279 of the Code or under Section 184 of the Act.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.