Deepak S/O Vithalrao Chandekar And ... vs State Of Mh Through Pso Pachpaoli Nagpur ...
2024 Latest Caselaw 26031 Bom

Bombay High Court

Deepak S/O Vithalrao Chandekar And ... vs State Of Mh Through Pso Pachpaoli Nagpur ... on 25 September, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:10822-DB




                                                     1                   wp680.2024

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH : NAGPUR

                        CRIMINAL WRIT PETITION NO.680/2024

              1.   Shri Deepak S/o Vithalrao Chandekar,
                   aged 58 Yrs., Occ. Business,
                   R/o Shiv Kripa Building, Bajirao
                   Para, Golibar Chowk, Nagpur.

              2.   Shri Amar S/o Ashok Donge,
                   aged 43 Yrs., Occ. Business,
                   R/o Mohan Nagar, Near Ganesh
                   Medical Stores, Nagpur 440 001.              ...    Petitioners
                     - Versus -
              1.   State of Maharashtra,
                   through Police Station Officer,
                   Panchpaoli, Nagpur.

              2.   State of Maharashtra,
                   through Commissioner of Police,
                   Civil Lines, Nagpur.                         ...   Respondents
                           -----------------
              Mr. S. S. Sitani, Advocate for the petitioners.
              Mr. N.H. Joshi, A.P.P. for respondent Nos.1 and 2.
                           ----------------
              CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ.
              DATED: 25.9.2024.

               ORAL JUDGMENT (Per Vinay Joshi, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2 wp680.2024

2. The petitioners have questioned the legality and

tenability of the impugned notice dated 9.8.2024 issued under

Section 168 of the Bhartiya Nagarik Suraksha Sanhita (Section

149 of the Old Code). By way of said notice, the police

authorities have restrained the petitioners from raising

construction on the subject premises. Being aggrieved by such

order, which is virtually an order of injunction normally passed by

Civil Court, the petitioners have challenged it. In support of said

contention, the petitioners relied on the decision of this Court in

case of Rai Udyog Ltd., through its Managing Director, Shri

Kishor V/s. State of Maharashtra, through Police Station

In-charge, Sadar Police Station and others reported in 2022 SCC

OnLine Bom 1584 wherein whilst considering the same issue this

Court has expressed the meaning of the term "interpose" as

mentioned in the section and ultimately ruled that the police have

no authority/jurisdiction to issue such a prohibitory order of

injunction.

3 wp680.2024

3. The State has resisted the application by filing reply

affidavit. It is contended that the police have received a complaint

from the landlord on which the police perceived the possibility of

untoward situation hence to give understanding the notice has

been issued. Certainly the police can act upon possibility of

cognizable offence, however, within the four-corners of law. In

view of above, the impugned prohibitory order is apparently

without jurisdiction hence unsustainable in the eyes of law.

4. In view of above, writ petition is allowed. The

impugned notice dated 9.8.2024 is hereby quashed and set aside.

The police are at liberty to take appropriate action as permissible

in the law.

(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 30/09/2024 10:22:19