The central legal point established in the judgment is that in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act, no investigation could be carried out without obtaining the sanction from the Magistrate.

Headnote:
Sanction - Criminal Procedure Code - The court quashed the proceedings in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act, as the Investigating Officer had not obtained the sanction from the Magistrate for investigation, in line with the legal provision established in the judgment in Avinash Mukhedkar v. State of Maharashtra.
Fact of the Case:

The accused filed a criminal application under section 482 of the Criminal Procedure Code praying for quashing the proceedings in C.R. No. 20 of 1982, which was filed by the V.T. Railway Police Station against the accused under section 124 of the Bombay Police Act.
Finding of the Court:

The court upheld the contention of the petitioner's counsel and quashed the proceedings pending before the trial Magistrate, ordering the return of the amount taken from the possession of the petitioner-accused.
Issues: The main issue was the lack of sanction from the Magistrate for investigation in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act.
Ratio Decidendi: The court's decision was influenced by the legal provision established in the judgment in Avinash Mukhedkar v. State of Maharashtra, which held that no investigation could be carried out without obtaining the sanction from the Magistrate in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act.
Final Decision: The proceedings pending before the learned Metropolitan Magistrate 35th Court, V.T. Bombay arising out of C.R. No. 20 of 1982 were quashed and set aside, and the amount of Rs. 2,315/- taken from the possession of the petitioner-accused was ordered to be returned, with the order of return of the amount stayed up to 1st May, 1984.

JUDGMENT - S.P. KURDUKAR, J.:---This criminal application under section 482 of the Criminal Procedure Code is filed by the accused praying for quashing the proceedings in C.R. No. 20 of 1982, C.R. No. 20 of 1982 was filed by the V.T. Railway Police Station against the accused and the same is pending before the learned Metropolitan Magistrate, 35th Court, V.T. Bombay. The charge sheet is filed under section 124 of the Bombay Police Act.

2. It is common ground that the Investigating Officer has not obtained the sanction from the Magistrate for investigation Shri Bhonsale, learned Counsel appearing in support of this petition strongly relied upon my judgment in (Avinash Mukhedkar v. State of Maharashtra)1, 1983(2) Bom.C.R. 791: 1983 Cri.L.J. 1833. In that matter I have taken a view that in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act, no investigation could be carried out without obtaining the sanction from the Magistrate. In view of the judgment in Avinash's case, I have no other option but to uphold the contention of Shri Bhonsale and quash the proceedings pending before the trial Magistrate. The petition must accordingly succeed.

3. The proceedings pending before the learned Metropolitan Magistrate 35th Court, V.T. Bombay arising out of C.R. No. 20 of 1982 are quashed and set aside. The amount of Rs. 2,315/- which was taken from the possession of the petitioner-accused be returned to him. The order of return of the amount of Rs. 2,315/- is stayed upto 1st May, 1984. Rule is accordingly make absolute.

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1984 Supreme(Bom) 145

The central legal point established in the judgment is that in connection with non-cognizable offences punishable under section 124 of the Bombay Police Act, no investigation could be carried out without obtaining the sanction from the Magistrate.

Cases Referred (1)