March 17, 2021 5:29:41 am
The Bombay High Court recently refused to quash the FIR against a lawyer, who was booked on a complaint filed by two officers of BKC police station in Mumbai for abusing and using force to push them and threatening to remove their uniforms allegedly under the influence of liquor in November 2018.
The man had approached the HC seeking quashing of the FIR on the grounds that prior to this, he was not accused of any crime and the rude demeanour of the police officers had resulted in his aggression. The plea also sought directions to initiate inquiry against two police officers.
A division bench of Justice S S Shinde and Justice Manish Pitale last month passed the ruling on a plea filed by Yogendra Jiledar Singh, who was booked by the BKC police under sections 353 (assault or criminal force to deter public servant from discharge of duty), 323 (voluntarily causing hurt), 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation) of the Indian Penal Code and the Bombay Prohibition Act.
As per the FIR, on November 2, 2018, the petitioner was creating ruckus outside a bar in Bandra-Kurla Complex and was beating an autorickshaw driver and the two police officers tried to stop him.
Advocate Ajit Anekar, appearing for the petitioner, told HC that even if the allegations are taken at their face value, the charge under Section 353 cannot be made out and the other offences are non-cognizable. “The police officer had no reason to pull out the petitioner from the autorickshaw… therefore, an inquiry about the acts committed by the two police officers against the petitioner needs to be conducted,” Anekar said.
However, Additional Public Prosecutor F R Shaikh, appearing for the police, said that since the alleged offences have been disclosed, further investigation is required and the FIR should not be quashed.
The bench said that while mere abusing or shouting at a police officer would not constitute an alleged offence, the same was made out as the petitioner had pushed the officers and threatened them. “Upon careful perusal of aforesaid contents of the FIR, it is crystal clear that the petitioner used abusive language/words and also used force to push the concerned police officers. It is also mentioned in the FIR that the petitioner was under influence of liquor. In our considered opinion, the contents of the FIR do attract an ingredient of alleged offences and consequently, alleged offences are disclosed. No case is made out to quash the FIR. Hence, the writ petition stands rejected.”
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