High Court in criminal application denied leave to appeal challenging acquittal of police officers. Court held Trial Court reasoning was not perverse and dismissed the application for leave to file appeal under sections 342, 504, 506 and 217 read with 34 IPC.
Application for leave to file appeal is dismissed and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
20-als-96-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ALS) NO.96 OF 2014
The State of Maharashtra ..Applicant/Appellant (Org. Complainant) V/s. Arjun Yashwant Khot & Ors. .. Respondents
Mrs.Anamika Malhotra, APP for State. Mr. Prashant Jadhav, for respondent nos.1 to 7
CORAM : A. R. JOSHI, J. DATE : 29TH JUNE, 2015.
P.C.
counsel for the respondents. The present application is for leave to file appeal challenging the acquittal of the respondents punishable under sections 342,504,506 and 217 read with 34 of Indian Penal Code. The said impugned judgment and order passed by JMFC, Court No. 6, Kolhapur on 08th February 2013.
women then aged about 70 years was illegally detained in the concerned Police Station on false charges of theft. On the complaint lodged by some person regarding theft of about Rs.12 lakhs. On the relevant evening the said complainant was
N.S. Kamble page 1 of 3
taken to the Police Station being accused for an offence of theft. She was detained in Police Station upto 8.30 p.m. and thereafter allowed to go after her son Rajendra was called. Being aggrieved by the said detention and confinement the women wrotes repeated applications to various Police Authorities but in vain and after about 2 years the cognizance was taken and FIR was lodged against the present respondents the police officers of the concerned police station. Trial Court came to the conclusion as to exaggeration made by the complainant women and her son, daughterinlaw and further came to the conclusion that there were various applications and complaints earlier made by said women against the police officials including the officers of the DSP and SP Rank. The Trial Court considered the evidence of PW1 and other witnesses i.e. neighborers as unacceptable.
N.S. Kamble
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unacceptable more so whether apparently the respondents and police officials of the Police Station were acting in discharge of the duties as to investigation in a cognizable offence of theft.
considering the scope of this court to interfere in the judgment and order of the acquittal, it must be stated that reasoning given by the Trial Court cannot be considered as pervert so as to interfere with. In view of this there is nothing to reagitate the matter by allowing the State to challenge the order of the acquittal of the respondents and as such present application for leave is dismissed and accordingly disposed of.
page 3 of 3
N.S. Kamble
2 issues framed by the court
Whether leave to file appeal challenging acquittal of police officers for offences under sections 342, 504, 506 and 217 read with 34 IPC can be allowed.
Whether reasoning of Trial Court acquitting respondents amounts to perversity warranting interference.
State of Maharashtra (Org. Complainant)
Arjun Yashwant Khot & Ors.
A. R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
