Court : Mumbai Aurangabad
..... is referred for our consideration is, as to "whether the order passed by the state government, in exercise of powers conferred under section 60 of the maharashtra police act, 1951, confirming the order passed by the externing authority under section 56 and 57 of the maharashtra police act, 1951 can be construed as an 'order' within the contemplation of explanation to rule 18 of chapter xvii of the bombay high court ..... state of gujrath (1973) (14 glr 384), the full bench of the gujrath high court has concluded that, the order passed under section 56 and the preventive action taken by taking recourse to provisions of the maharashtra police act, 1951 under the relevant part of maharashtra police act, 1951 is in exercise of administrative powers by the authority, as it is observed, where an administrative power is exercised by the statutory authority and exercise of such power involves civil consequences to a person, ..... first, the externing authority must be satisfied that the movements or act of any person are causing or calculated to cause alarm, danger or harm to person or property or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapters xii, xvi or xvii of the indian penal code or in the abetment of any such offence and secondly ..... are subjected to its drastic rigour but it does not partake in any way of the nature of punishment. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , respondents accused no.1 and 2 filed application exhibit 46 invoking section 161 of the bombay police act, 1951 (hereinafter referred as the police act in brief), claiming that the complaint filed by magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that they had beaten complainant shantabai and her husband and outraged modesty of the lady while she was in police custody, was beyond the period of six months from ..... unless some nexus or connection between the duty of the police officer and the alleged act is shown, the protection under section 161 of the bombay police act will not be available. ..... narhar rao, reported in air 1966 sc 1783, observations of the hon'ble supreme court show that police officer accepting bribe to weaken case of prosecution against accused cannot be said to be committing acts under the colour of office or act done in excess of duty or authority within the meaning of section 161 of the bombay police act. ..... and police constable respectively, were facing trial for offence punishable under sections 330, 324, 323, 354, 166 read with section 34 of the indian penal code in clubbed trial r.c.c. ..... state of maharashtra, reported in [1999 (1) mh.l.j.204 to submit that even if it was alleged that, force was used against the complainant, the acts would be protected. ..... in the same report, in the matter of state of maharashtra vs. ..... in the matter of state of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as observed by the bombay high court in case of balu supra, section 56 of the bombay police act, 1951, is restrictive of the fundamental rights to move freely throughout the territory of india and to reside and settle in any part of the territory of india , which have been guaranteed by article 19 (1) (d) and (e) of the ..... is submitted that, in the show cause notice issued to the petitioner, there is no reference to the specific grounds as contemplated under section 56 (a) and (b) of maharashtra police act. ..... the order under section 56 (a) and 56 (b) cannot be made on the general ground that such an order was necessary for the preservation of peace or maintenance of law and order in a ..... therefore, learned counsel appearing for the petitioner has relied upon the judgment of the bombay high court in the case of ..... the learned counsel appearing for the petitioner submitted that, in one of the crime out of three cases registered against him with tophkhana police station, ahmednagar the petitioner is already tried and trial ended in ..... should have been specific reasons in the impugned order that the externment of the petitioner is necessary for the preservation of peace or maintenance of law and order in a particular locality. 9. ..... (5) provides that these fundamental rights shall not affect the operation of any law which imposes reasonable restrictions on the exercise of these rights either in the interests of the general public or for the protection of the interests of any scheduled tribe . .....
Tag this Judgment!Court : Mumbai Aurangabad
..... registered against the petitioner vide crime no.40/90 for having committed offence under section 4/25 of the arms act read with section 135 of the bombay police act registered on 28-2-1994. ..... the said narration of the facts very clearly indicate that though the petitioner has been charged with the offence punishable under section 302 ipc, the sequence of events clearly indicates that the detenu as well as his associates had intended only to rob the ..... this petition filed under article 226 of the constitution of india the order dated 14-9-2012 passed by district magistrate, jalgaon, detaining the petitioner for one year in exercise of powers conferred by sub section (1) of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (for short, the act of 1981 ) is challenged. ..... because the amending act of 1951 establishes a supervisory authority, that discretion and subjective test is not taken away and by the establishment of the advisory board, in our opinion, the court is not given the jurisdiction to decide whether the subjective ..... the contention that because in the amending act of 1951 an advisory board is constituted, which can supervise and override the decision taken by the executive authority, and therefore, the question whether the grounds are sufficient to give rise to the satisfaction has become ..... therein had suffered the detention order issued by district magistrate of jullundur on 19-6-1951. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... relief of direction is claimed to hand over 8 gold bars weighing 8 kilograms seized by police in cr no.2/2015 registered for offence punishable under section 124 of the maharashtra police act by lohmarg police station bhusawal. ..... there is power given to customs officer to make investigation of such case irrespective of the registration of the crime and filing of the case for offence punishable under section 124 of the maharashtra police act and that has nothing to do with the limitation of six months to issue notice for confiscation. ..... the aforesaid material shows that trial of the case for offence punishable under section 124 of the maharashtra police act needs to be concluded. 18. ..... in the present case, charge-sheet is already filed for offence punishable under section 124 of the maharashtra police act against devang. ..... and it would not be necessary to make it an offence over again under section 124 of the bombay police act. . . . ..... for getting interim custody of such property under section 451 of the code, the petitioner or devang will have to satisfy the magistrate as per section 124 of the maharashtra police act as already observed. ..... state of maharashtra) provision of section 124 of the bombay police act, now maharashtra police act, is discussed. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 10/2005, the petitioner and few others are alleged to have committed the offences under section 143 of the indian penal code, under section 37(1) (3) read with section 135 of the bombay police act and under section 3 of the maharashtra dis-figuration of property (prohibition) act, 1995. ..... 3 gave them an understanding that they have not obtained any permission for sitting on hunger strike, and since the preventive orders under section 37 of the bombay police act are in force, their assembling in a group of more than five persons was in violation of the said order. ..... 10/2005 for the offences under section 143 of the indian penal code and under section 37(1) read with section 135 of the bombay police act, was registered at police station, loni. ..... 1/2005 was registered at police station rahata, camp at loni for the offences punishable under the bombay prohibition and gambling act, and in the said crime the petitioner had acted as a panch witness in drawing the search and seizure panchanama. ..... 3 and 4 in the court of judicial magistrate, first class, rahata, for the offences punishable under sections 166, 177, 301, 343, 500, read with 34 of the indian penal code, however, the same was unconditionally withdrawn by the petitioner. ..... 3 and 4 in the court of judicial magistrate, first class, rahata for the offences punishable under section 166, 177, 219, 341, 342, 500 read with 34 of the indian penal code raising the same contentions which are raised by him in the present petition. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... show cause notice dated 23rd october, 2011, in terms of section 59 of the bombay police act, was served upon the petitioner. ..... it is, when the order of externment was in force, he entered the prohibited area and invited action under section 142 of the bombay police act, giving rise to crime no.i-35/2012. ..... is apparently involved with offences of cheating, deception, forgery, preparing false documents; assault to an individual; intimidation; threat and infraction of section 135 of the bombay police act. ..... informed the proposed action under section 56(1)(a)(b) of the bombay police act. ..... the learned sdm, on perusal of the statement of under-cover witnesses; and the nature of crime, felt that externing the petitioner for a period of two years and from three districts, will be harsh and excessive and confined the same to period of one year, limiting the talukas of particular ..... sub divisional magistrate, when received the report from the police inspector and the authorities concerned, was made aware of externing the petitioner for a period of two years from three specified district, ..... not even spared government officials and faced the brunt for offence under section 353 and 186 of indian penal code. 12. ..... this court recorded externment order to be excessive for the reason that the petitioner in said case indulged in criminal activities within the jurisdiction of two police stations, which formed a small part of thane ..... the state of maharashtra was also dealing with externment ..... of maharashtra and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... there is no doubt that the impugned order of externment has been passed under section 56 (1) (b) of the bombay police act, 1951 which indicates that there were reasonable grounds for believing that the petitioner was engaged or was about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapter xii, xvi or xvii of the indian penal code or in the abetment of any such offence and in the opinion of such officer there were no witnesses willing to come forward to give ..... it is submitted that unless the mandate of the provisions of section 56 (1) (a) and (b) of the bombay police act, 1951 (for short the said act ) is fulfilled, respondent no.4 should not have proceeded to pass an order of externment of the petitioner from ahmednagar and beed districts. ..... the learned counsel for the petitioner submits that the regular criminal case no.143/2008, arising out of crime no.112/2008 registered with jamkhed police station, for the offences punishable under section 324, 323, 504, 506, 34 of the indian penal code, section 4 (25) of the arms act and section 37 (1) (3) and 135 of the bombay police act was tried and the said case is resulted into acquittal of the petitioner on 2nd september, 2013. ..... the state of maharashtra and ors. ..... the state of maharashtra and ors (2015 all mr (cri) 2298), ashraf s/o. ..... state of maharashtra and ors in criminal writ petition no. ..... state of maharashtra and anr. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... has introduced the rules for licensing and controlling places of public amusement, including cabaret performances, discotheque, games, pool game parlors, amusement parlors, providing computer games, virtual reality games, cyber cafes, games with net connectivity, bowling alleys, card rooms, social clubs, sports clubs, melas and tamashas rules, 1960 (for the sake of brevity hereinafter called as "the rules of 1960") for granting licences in view of clauses (w) (w) (wa) (x) and (y) of sub section (1) of section 33 of the bombay police act, 1951. ..... rule 110(b) of the said rules has to be read with section 33(7) of the bombay police act showing that, the application is made by a person of notoriously bad character for holding him as not fit or suitable for grant of licence. ..... 407 of 2010 under section 33(b)(1)/131 of the bombay police act, for which the petitioner has pleaded guilty before the court and paid rs.900/- as fine amount. ..... 407/2010 is registered against the petitioner under section 33-b of the bombay police act in which the court has imposed fine of rs.900/-. ..... 407 of 2012 was registered on 22-08-2010 under section 33(b) of the bombay police act is also not tenable as the petitioner had informed respondent no. ..... 407 of 2010 under section 33(b)(1)/131 of the bombay police act, was in contravention and in dehors to the procedure / provision stated herein before. ..... state of maharashtra and others in criminal writ petition no. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... at the outset, it would be useful to reproduce section 57(1) of the bombay police act 1951 for the reference as follows:- 57. ..... the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai and respondent no.2 is the appellate authority which has passed the impugned order dated 19.4.2012 confirming the order passed by the lower authority and ..... under section 122 or 124 of this act, the commissioner, the district magistrate, or the sub-divisional, magistrate empowered by the state government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person [notwithstanding anything contained in this act or any other law for the time being in force, to remove himself outside such area or areas in the state of maharashtra .....
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