Bombay High Court
Pawan S/O Shishupal Pariwale vs State Of Mah. Thr. Pso Ps Paratwada ... on 6 July, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
Judgment apl500.22
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NOS. 500 & 501 OF 2022.
........
CRIMINAL APPLICATION [APL] NO.500/2022.
Pawan s/o Shishupal Pariwale,
Age 30 years, Occupation - Labour,
resident of Kandli, Paratwada,
Taluq Achalpur,
District Amravati. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Paratwada,
District Amravati.
2.Manoj s/o Avachitram Kadam,
Age 57 years, Occupation - Service,
Police Sub Inspector, Police Station
Paratwada, District Amravati. ... NON-APPLICANTS
WITH
CRIMINAL APPLICATION [APL] NO.501/2022.
Pawan s/o Shishupal Pariwale,
Age 30 years, Occupation - Labour,
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Judgment apl500.22
2
resident of Kandli, Paratwada,
Taluq Achalpur,
District Amravati. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Paratwada,
District Amravati.
2.Vinod s/o Ramkrushna Raut,
Age 51 years, Occupation - Service,
Police Head Constable, Police Station
Paratwada, District Amravati. ... NON-APPLICANTS
---------------------------------
Mr. P.R. Agrawal, Advocate for the Applicant.
Mr. N.R. Rode, A.P.P. for Non-applicant No.1-State.
None for Respondent No.2 - Served
----------------------------------
CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES,, JJ.
DATE : JULY 06, 2023
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
Admit. By consent of the learned Counsel present for the
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Judgment apl500.22
parties, Criminal Applications are taken up for final disposal.
Though Non-applicant no.2 in both the application are served, they
have chosen to remain absent.
2. Both applications have highlighted an issue about total
non-application of mind on the part of police officers. Two
successive offences have been registered against the applicant -
Pawan Pariwale punishable under Section 142 of the Maharashtra
Police Act, which are sought to be quashed.
3. Criminal Application No.500/2022 is to quash the first
information report bearing Crime No.780/2021 registered with
Paratwada Police Station, District Amravati for offence punishable
under Section 142 of the Maharashtra Police Act, whilst Criminal
Application No.501/2022 is to quash the first information report
bearing Crime No.647/2021 registered with Paratwada Police
Station, District Amravati for the same offence. Applicant has also
prayed for quashing of the related charge sheets arising our of both
crimes. It is the contention of the applicant that though the period of
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Judgment apl500.22
externment was over long back, however, without ascertaining the
said fact, successive crimes have been registered against him alleging
breach of order of externment, which is made punishable under
Section 142 of the Maharashtra Police Act.
4. Though the State has resisted the applications by filing
reply-affidavit, however, we do not find any relevant submission in
the said replies. Perusal of paragraph no.7 of the reply itself
demonstrates that the period of externment was over long back, but,
no substantial reason has been furnished in the reply for registration
of the crime.
5. Be that as it may, the police authorities have passed an
order of externment in terms of Section 56[1][b] of the Maharashtra
Police Act on 10.08.2020 whereby the applicant has been externed
from Amravati City and adjoining area of Baitul in Madhya Pradesh
State for a period of six months. The order of externment was
challenged by the applicant before the Divisional Commissioner, who
in turn stayed the order on 15.09.2020. After hearing the parties,
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the Divisional Commissioner has dismissed the appeal on
20.10.2020, and as a consequence thereof, the stay came to be
vacated.
6. Even if the period of 6 months is calculated from
20.10.2020, it would get over on 19.04.2021. By no stretch of
imagination the externment order would remain inforce beyond that.
However, the police authorities have registered Crime No.780/2021
alleging that the applicant has entered into the city limits of
Achalpur on 26.12.2021 and vide another Crime No.647/2021 it is
alleged that the applicant has entered Achalpur on 08.11.2021, and
thus there was a breach of the externment order.
7. No doubt if a person despite externment order, enters the
prohibited area without permission, then he is amenable to the
criminal action in terms of Section 142 of the Maharashtra Police
Act. The facts speak for itself that the life of externment order was
over long back, but, still the police have registered the Crime.
Obviously continuation of such prosecution would amount to abuse
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Judgment apl500.22
of the process of Court. The police authorities should be diligent and
more cautious while taking such action, since it has a result of
deprivation of the fundamental right of movement of a person.
Having regard to above facts, both Criminal Applications are liable to
be allowed. Hence, we pass the following order.
ORDER.
[i] Criminal Applications are allowed and disposed of.
[ii] The first information report bearing Crime No.780/2021
registered with Paratwada Police Station, District
Amravati for offence punishable under Section 142 of the
Maharashtra Police Act with related Charge-sheet
No.288/2021 and the first information report bearing
Crime No.647/2021 registered with Paratwada Police
Station, District Amravati for the same offence and
related Charge-sheet No.268/2021 are hereby quashed
and set aside.
JUDGE JUDGE
Rgd.
