JUDGMENT - Jarkunde, J.

(1) The question for the decision of which this appeal has been referred to the Division Bench is whether a prosecution launched on a Police report against some members of the police force for an offence alleged to have been committed by them by acting under colour or in excess of their authority is barred under section 161 (I) of the Bombay Police Act if the prosecution were instituted more than six months after the date of the alleged offence. Sub-section (I) of section 161 of the Bombay Police Act, 1951, is in the following terms :-

"In any case of alleged offence by the Revenue Commissioner, the Commissioner, a Magistrate. Police Officer or other person, or of a wrong alleged to have been done by such Revenue Commissioner, Commissioner, Magistrate, Police Officer or other person, by an act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of. "

The duty or authority which

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