Bombay High Court
Shri. Maniram S/O Ramnarayn ... vs The State Of Maharashtra, Through ... on 10 March, 2021
Bench: Z.A. Haq, Amit B. Borkar
wp638.15 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 638/2015
Maniram R. Shukla & anr.
...VERSUS...
State & ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri U.Y. Sonkusare, Advocate for the petitioner(s)
Shri T.A. Mirza, APP for the respondent no. 1
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CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.
MARCH 10, 2021
As per the record, the petitioner/accused was
arrested in connection with Crime No. 359/2014 registered
with the respondent no. 1 - Police Station for the offences
punishable under Sections 354, 294, 504, 323 and 34 of the
Indian Penal Code. The petitioner/accused was produced
before the learned Judicial Magistrate on the same day. On
production before the learned Judicial Magistrate, the
petitioner/accused had filed an application praying for
directions to the police authorities to release him on bail. The
Investigating Agency gave no objection on the application
filed by the petitioner/accused, however, the learned Judicial
Magistrate had not passed any order on 04/12/2014 on the
application filed by the petitioner/accused and the order
came to be passed on 05/12/2014 and it was directed that
the petitioner/accused be released on bail. Being aggrieved
with the action of the Police Authorities / Investigating
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Agency slapping Section 354 of the Indian Penal Code
because of which the petitioner/accused was required to
spend one night in the Central Prison, this petition is filed
praying that detailed enquiry be directed in Crime
No. 359/2014 and the respondents be directed to pay
compensation to the petitioner for infringing his personal
liberty. The contention of the petitioner/accused is that the
Investigating Agency acted in a biased manner and though the
petitioner/accused had lodged report against the other group
earlier, action was not taken on the report of the petitioner
and the Investigating Agency acted on the report of the other
group and though the accusations in the report lodged by the
other group did not make out any non-bailable offence,
Section 354 of the Indian Penal Code came to be slapped on
the petitioner/accused only to ensure his arrest and detention
in prison.
The imposition of the charge of commission of
the offence punishable under Section 354 of the Indian Penal
Code was challenged by the petitioner/accused in Criminal
Application (APL) No. 386/2015 which was tagged with this
writ petition and is allowed by this Court by the judgment
dated 09/03/2021. It is held that the offence under Section
354 of the Indian Penal Code is not made out on the basis of
the accusations against the petitioner/accused.
At the first blush, the submission made on
behalf of the petitioner/accused appears to be appealing,
however, on scrutinizing the facts of the case, in our view, the
grievance made by the petitioner/accused in this petition is
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not justified. The petitioner/accused was arrested on
04/12/2014 at 05.45 hours and he was produced before the
learned Judicial Magistrate on the same day. Learned
Magistrate had not passed any order on the application
moved by the petitioner/accused seeking directions to release
him on bail and consequently the petitioner/accused was
required to spend one night in the Central Prison. In these
facts, the Investigating Agency cannot be blamed.
In view of the above, we see no reason to grant
the prayers made by the petitioner/accused.
Hence, the criminal writ petition is dismissed. In
the circumstances, the parties to bear their own costs.
(JUDGE) (JUDGE)
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