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2010 DIGILAW 211 (BOM)

Ajay Yogindra Mafatlal v. State of Maharashtra

2010-02-10

S.C.DHARMADHIKARI

body2010
P.C. The only grievance made in this Application under Section 482 of Cr.P.C. is that the Gaondevi Police Station registered an offence (C.R.No.319 of 2007) punishable under Sections 504 and 506 part (II) of I.P.C. against the Applicants. 2.The submission is that this mistake was further compounded by the fact that the Respondent has filed a charge-sheet after investigations were concluded and the learned Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai took cognizance thereof. The Applicant had to apply for the anticipatory bail and when they noticed that the offences punishable under both Sections are non-cognizable and bailable, the Application for anticipatory bail was dismissed as infructuous. Thereafter, they were enlarged on bail by the Magistrate. 3.His submission is that no FIR could have been registered when the offences alleged are non-cognizable and bailable. Sections 504 and 506 part (II) have been perused by me with the assistance of the learned Counsel appearing for both sides. Mr. Shinde, learned APP found it difficult to support the action of the Respondent. He fairly stated that the Respondent could not have taken any cognizance and held any investigations. Instead the offence alleged being non-cognizable, the remedy for the Complainant was elsewhere. It was open to the Complainant to file an appropriate complaint before the concerned Magistrate and thereafter, the Magistrate could have directed the Police to take necessary steps if otherwise permissible in law. 4.In the light of this settled legal position and agreed fact that the offences alleged are punishable under Sections 504 and 506 part (II) of I.P.C., the proceedings in C.R. No.319 of 2007 are quashed and set aside. The Application is allowed in these terms but with liberty to the Complainant to take such steps as are permissible in law if they are aggrieved by the actions of the Applicants.