Court : Mumbai Nagpur
..... provisions of the 2[bombay police act, 1951 (bom. xxii of 1951); and] (b) elsewhere the officer in charge of a police station as defined in the 3 code of criminal procedure, 1898 (v of 1898). similarly it defines police station in clause (33) ) "police station" to mean in the greater bombay a police section as provided under the provisions of the 3[bombay police act, 1951 bom xxii of 1951)]; and elsewhere any place ..... declared to be a police station for the purposes of the 4[code of criminal procedure, 1898 (v of 1898 .....
Tag this Judgment!Court : Mumbai Nagpur
..... santoshrao walake are sentenced to pay a fine of rs.500/- each in default to undergo simple imprisonment for fifteen days for the offence punishable under section 135 of the bombay police act. (f) the sentence shall run concurrently. (g) the accused persons be given set off under section 428 of the cr. p. c. (h) accused nos. 2, 7, ..... 353, 332, 307, 302, 120(b) read with sections 34 and 149 of indian penal code and under section 4 read with section 25 of indian arms act and section 135 of bombay police act. accused denied all the charges and claimed to be tried. the defence of accused persons is of total denial and of false implication as according to some accused ..... 149, 186, 120(b), 332, 353, 307, 302 read with section 34 of indian penal code and under section 4 read with section 25 of arms act and section 135 of bombay police act. trial against accused no.3 sachin arunrao gawande came to be abated since dead. trial against accused no.17 raju tukaram gaikwad could not be conducted since he .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioner from six districts i.e. chandrapur, yavatmal, wardha, nagpur, bhandara and gadchiroli, for a period of two years, under section 56 of the bombay police act. the petitioner has also challenged the order passed by the secretary (special), home department, government of maharashtra, on 28th january, 2013 dismissing the appeal filed ..... i.e. chandrapur, yavatmal, wardha, nagpur, bhandara and gadchiroli overlooking the relevant fact that the crimes against the petitioner are registered with police station, warora and police station, majari. this shows the non-application of mind by the learned sub divisional magistrate. the submission on behalf of the petitioner that ..... of the petitioner from six districts is without any reason inasmuch as already stated earlier, the crimes against the petitioner are registered with the police stations only in warora tahsil. the appellate authority has also failed to appreciate the relevant material and has committed the same error of considering .....
Tag this Judgment!Court : Mumbai Nagpur
..... while working as sepoy in yavatmal district prison has been convicted on 29.4.1988 by judicial magistrate first class, darvha under section 116 and section 117 of the bombay police act (case no.1 of 1988) under chapter 21 of criminal procedure code. (rule two, 1974) and fined rs.50/ (rupees fifty) and in default to undergo sentence ..... . the respondents have filed a return and have opposed the petition. it is contended that the petitioner was convicted and sentenced under the provisions of the bombay police act in the year 1988 and the conduct of the petitioner as a member of disciplined force was unbecoming of a public servant. the petitioner also did not ..... the incident, issued a show-cause-notice to the petitioner and proceeded to convict him for the offence punishable under sections 116 and 117 of the bombay police act (fort short the act ). the petitioner was accordingly fined for rs.50/ for the said offence. it appears that this incident and consequent order of conviction and sentence was .....
Tag this Judgment!Court : Mumbai Nagpur
..... the indian penal code. accused were, however, acquitted of the offences punishable under section 4 read with section 25 of the arms act and section 37 (1) read with section 135 of the bombay police act. the state of maharashtra did not prefer appeal against the said acquittal.2. heard rival arguments at length. perused record & proceedings ..... denied that due to physical confrontation with accused no.1, her saree was blood-stained and that it was seized by the police.(iv) p. w. 8 vijay is alleged eye witness and also acted as a pancha, but did not support the case of prosecution. he denied having seen accused persons running behind deceased rakesh ..... appreciation of evidence of the witnesses examined and always it may not be possible that the person from the mob would come forward for giving statement to the police. otherwise also, in order to take advantage of circumstance of failure to examine independent witnesses, reasonable opportunity must always be given to the investigating officer as .....
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..... /2011 passed by the sub divisional magistrate, morshi, district amravati, who, in exercise of the power under section 56 (a) and (b) of the bombay police act , 1951 ordered externment of the petitioner for the period of two years from the district on the ground that the petitioner is indulging in various types of cases and ..... petitioner on the ground that there were cases registered at different police stations against the petitioner as follows:- 4. on 07/12/2010, the sub divisional police officer was directed by the sub-divisional magistrate, morshi to conduct inquiry under section 59 of the bombay police act, 1951 and to submit report within 7 days. on the same day ..... where the externing authority has taken into consideration the incident which has not been stated in the notice issued to the externee u/s.56 of the bombay police act, the failure on the part of the externing authority to put on notice to the externee regarding this particular circumstances vitiates the order of externment and .....
Tag this Judgment!Court : Mumbai Nagpur
..... has considered, it is clear that though four offences were imputed in the show-cause- notice, three do squarely fall within the prescription of section 56 of the bombay police act. on the basis of contents of enquiry report, the sub-divisional magistrate has recorded satisfaction. the satisfaction is, in no manner, based on material which was put ..... and xviii of indian penal code.[c] in so far as other three crimes are concerned, those are falling within the compass provided in section 56 of the bombay police act.[d] the show-cause-notice in specific terms contains the imputation that the conduct of the petitioner is such that because of his goon s personality, the witnesses ..... admittedly because acquittal in one case is later in date to the date of reply to show-cause-notice. [f] the report of enquiry officer, who was sub-divisional police officer, was received by the deputy collector on or about 1st october, 2009 and a show-cause- notice dated 8th june, 2010 was served. [g] petitioner has .....
Tag this Judgment!Court : Mumbai Nagpur
..... the appellate authority also cannot be maintained. 6. in the result, the petition succeeds. order passed by sub-divisional magistrate, hinganghat on 31st july, 2012 under section 56 of the bombay police act and the order passed by the secretary (special), home department, government of maharashtra on 22nd november, 2012 in appeal no.ext-2012/194/spl-3(b) are quashed and set ..... . as already stated, the order is based on eight offences allegedly committed by the petitioner under the bombay prohibition act. this court has repeatedly said that the externment order under section 56 of the bombay police act cannot be passed on the basis of cases pending under the bombay prohibition act. there is one case under section 379 of the indian penal code and one proceedings (istagasa .....
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..... 149 and 436 read with section 149 of the indian penal code and for the offences punishable under section 135 read with section 37(1)(a) of the bombay police act. these offences were registered on the complaint made by the deputy chief executive officer of zilla parishad, buldana. the petitioner along with few others had allegedly ..... taken by the petitioner during the course of inquiry. it is stated in the impugned order that the petitioner could not place anything before the sub-divisional police officer to rebut the allegations made against him. what is seriously wrong with the order is that the learned sub-divisional magistrate has nowhere stated in his ..... that the sub-divisional magistrate in his order has nowhere stated that he himself was satisfied that order under section 56 was necessary to be passed. sub-divisional police officer. it is submitted that the order, therefore, suffers from serious infirmity. in view thereof, it is submitted that the petition should have been allowed. 5 .....
Tag this Judgment!Court : Mumbai Nagpur
..... no.520 of 2012 decided on 4th february 2013, has expressed the view that the externment order on the basis of pendency of the cases under bombay prohibition act is foreign to section 56 of the bombay police act. in view thereof, the criminal writ petition needs to be allowed. hence i pass the following order: writ petition is allowed. the impugned order dated 30th .....
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