LAWS(BOM)-2022-10-142

PRIYA PAUL Vs. STATE OF MAHARASHTRA

Decided On October 13, 2022
Priya Paul Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives notice on behalf of the respondent No.1-State. Learned counsel for the respondent No.2 waives notice on behalf of the respondent No.2.

(3.) By these petitions, preferred under Article 226 of the Constitution of India and under Sec. 482 of the Criminal Procedure Code, the petitioners seeks quashing and setting aside of the impugned order dtd. 29/7/2019, passed by the State Police Complaints Authority, Maharashtra State, Mumbai, (hereinafter referred to as the 'SPCA'), in SPCA/Complaint Case No.579 of 2018, on the premise that the said authority had no jurisdiction to direct the police to register an offence, and, consequently the FIR registered pursuant to the said order, being C.R. No. 264 of 2019 dtd. 12/11/2019, with the Azad Maidan Police Station, Mumbai, for the alleged offences punishable under Ss. 409, 464, 465, 468, 471, 120B r/w 34 of the Indian Penal Code.