Case Note & Summary
The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, Vashi, directing investigation against them under section 156(3) of the Code of Criminal Procedure, 1973. The writ petitions invoked Articles 226 and 227 of the Constitution and section 482 of the CrPC. The petitioners were senior police officers including a Deputy Commissioner of Police, an Additional Director General of Police, and a Senior Police Inspector. The respondents were a 79-year-old woman and her 58-year-old son, who had filed a private complaint. The complainants alleged a history of harassment and threats from their grandson, Manoj Karani, and that the police had failed to act on their complaints. They claimed that after writing to the Chief Minister and going on a hunger strike, they were promised action. However, on 25th January 2012, police officers came to their home, took them to the police station, and later produced them before a magistrate as accused persons. They were sent to judicial custody for three days. They were eventually released when they opposed extension of detention. Subsequently, they filed a complaint before the magistrate, who on 1st February 2014 directed investigation under section 156(3) against the police officers. The police officers challenged this order in the High Court, arguing it was illegal and without jurisdiction. The complainants also filed criminal applications seeking to vacate interim orders. The court, with the consent of all parties, decided to hear and finally dispose of the writ petitions. The judgment disposes of the writ petitions, but the provided text is incomplete and does not contain the court's final decision or reasoning.
Issue of Consideration
Whether the order dated 1st February, 2014 passed by the JMFC Vashi directing investigation under Section 156(3) CrPC is legal and valid
Case Details
2015 LawText (BOM) (10) 59
WP No. 427 of 2014 with Cr. Appln. No. 50 of 2015 and WP No. 439 of 2014 with Cr. Appln. No. 51 of 2015
S. C. Dharmadhikari, B. P. Colabawalla
Amit Desai, M. V. Thorat, V. M. Thorat, Pratap Patil, Mohini Kamwani (in person), Dilip Kamwani (in person), J. P. Yagnik (APP)
Purushottam Karad, Ahmed Javed, Ashok Kumar Sharma (WP 427/2014); Laxman Bhausaheb Kale, R. B. Sardesai (WP 439/2014)
Smt. Mohini Naraindas Kamwani, Mr. Dilip Naraindas Kamwani, State of Maharashtra
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution and Section 482 CrPC challenging the legality and validity of an order dated 1st February, 2014 passed by the Judicial Magistrate First Class, Vashi, directing police investigation under Section 156(3) CrPC against police officers.
Remedy Sought
Petitioners (police officers) sought to quash and set aside the order dated 01-02-2014 passed by JMFC Vashi in Miscellaneous Application No. 91 of 2014.
Filing Reason
Petitioners contended that the order passed by the learned Judicial Magistrate was without jurisdiction, illegal, and an abuse of the process of law.
Previous Decisions
Judicial Magistrate First Class, Vashi passed order dated 01-02-2014 in Miscellaneous Application No. 91 of 2014, directing investigation against the petitioners under Section 156(3) of the Code of Criminal Procedure, 1973.
Issues
Whether the order dated 1st February, 2014 passed by the JMFC Vashi in Misc. Application No. 91 of 2014 directing investigation under Section 156(3) CrPC against the petitioners is legal, valid, and sustainable.
Submissions/Arguments
Petitioners contended that the order of the Magistrate was passed without jurisdiction and constituted an abuse of process.
Judgment Excerpts
This Petition invokes this Court's power under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 and seeks to challenge the legality and validity of an order dated 1st February, 2014 passed by the Judicial Magistrate First Class, Vashi at Belapur, Navi Mumbai in Miscellaneous Application No. 91 of 2014.
By this order, the learned Judicial Magistrate had directed the concerned police station to investigate the crime as against Laxman Kale – Senior Police Inspector, Vashi Police Station, Vashi, Navi Mumbai, Raosaheb Sardesai, Senior Police Inspector, Vashi Police Station, Vashi, Navi Mumbai and the aforementioned Petitioners Purushottam Karad and Ahmed Javed.
That on 27th January, 2012, the complainants were produced before learned Magistrate, where police officers sought extension of the detention period, which was opposed by the complainants. On hearing the submissions made by the complainants, the learned Judicial Magistrate, First Class ordered their release...
Procedural History
A private complaint was filed by the respondents in the court of Judicial Magistrate First Class, Vashi, being Miscellaneous Application No. 91 of 2014. On 1st February, 2014, the learned JMFC passed an order under Section 156(3) of the Code of Criminal Procedure, 1973, directing the police to investigate the crime against the petitioners (and others). The petitioners filed the present writ petitions challenging the said order. During the pendency, the respondents (original complainants) filed Criminal Application Nos. 50 and 51 of 2015 seeking to vacate the interim orders granted in the writ petitions. The court, with the consent of all parties, decided to hear the writ petitions finally and dispose of them.
Acts & Sections
- Constitution of India: Articles 226, 227
- Code of Criminal Procedure, 1973: Sections 156(3), 482
