Shaikh Umar Shaikh Aziz vs The State Of Maharashtra
2017 Latest Caselaw 4830 Bom

                                                                     WP/269/2009
                                      1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           923 CRIMINAL WRIT PETITION NO.269 OF 2009

 1.       Shaikh Umar Shaikh Aziz,
          Age 45 years, Occu. Agri.
          R/o Talwada, Tq.Vaijapur,
          District Aurangabad.

 2.       Shaikh Hanif S/o Shaikh Umar,
          Age 25 years, Occu. Agri.
          R/o Talwada, Tq. Vaijapur,
          Dist. Aurangabad.

 3.       Shaikh Waseem S/o Shaikh Shamim,
          Age 22 years, Occu. Agri.
          R/o Talwada, Tq. Vaijapur,
          Dist. Aurangabad.

 4.       Shaikh Mohsin S/o Shaikh Shamim,
          Age 20 years, Occu. Agri.
          R/o Talwada, Tq. Vaijapur,
          Dist. Aurangabad.

 5.       Shaikh Jameel S/o Shaikh Umar,
          Age 18 years, Occu. Agri.
          R/o Village Talwada, Tq. Vaijapur,
          Dist. Aurangabad.                             ...        Petitioners
                  Versus
 1.       The State of Maharashtra,

 2.       The Superintendent of Police,
          (Rural), Aurangabad.

 3.       The Police Inspector,
          Local Crime Branch (Rural),
          In the campus of Superintendent
          of Police Rural, Aurangabad.

 4.       The Police Inspector,
          Shivoor Police Station,
          Tq. Vaijapur, Dist. Aurangabad.               ...        Respondents


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                                                                        WP/269/2009
                                        2



                                ...
 Mr. P.G.Borade, AGP for State/Respondent Nos.1 to 4
                                ...

                               CORAM : T.V.NALAWADE, AND
                                       SUNIL K. KOTWAL, JJ.

DATED : 20th July, 2017

ORAL JUDGMENT (Per Shri. T.V.Nalawade, J.) :-

1. Nobody is present for the petitioners. Learned Additional

Public Prosecutor is heard.

2. This petition is filed for restraining the respondents from

starting the proceedings under Section 107 or 110 of Criminal

Procedure Code. It appears that, a crime was registered against the

petitioners in Shivoor Police Station, Vaijapur vide Crime

No.3008/2008 and they were granted bail. The petitioners were

apprehending that to detain them in custody, the police may use the

aforesaid provisions and file chapter case and may detain them and so

the present proceeding is filed.

3. The reply-affidavit is filed by Respondent / State and

through that details of crimes registered against petitioners and more

particularly Petitioner No.1 are given. Some crimes were under

WP/269/2009

Essential Commodities Act. In the past also some action was taken

under provision of Section 110 of Cr.P.C.

4. The provisions of Chapter No.VIII of Cr.P.C. give

powers to the police to take measures for security and for keeping

peace and also for good behaviour. Specific instances are mentioned,

in which such proceeding can be filed by police. The matter involves

subjective satisfaction of police and further there is power with the

Executive Magistrate to ascertain whether the provisions can be used

against person like petitioner.

5. In view of these circumstances, relief which is claimed in

this petition cannot be granted to the petitioners. Petition stands

dismissed. Rule is discharged.

(SUNIL K. KOTWAL, J.) (T.V.NALAWADE, J.)

...

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