JUDGMENT

S.P. Kurdukar, J. - This is a petition filed by the petitioner under Article 226 of the Constitution of India seeking appropriate writ or direction for quashing application of provisions of section 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987, in respect of C.R. No. 1 135 of 1991 of Virar Police Station.

2. In order to consider the rival contention raised before us, it would be appropriate to set out averments contained in the complaint dated 28.4.1991 lodged by the complainant Shri Ranjitkumar Raj Deshmukh at Virar Police Station (F.I.R.). This complaint came to be registered by the Virar Police Station being C.R. No. 1135 of 1991.

3. The allegations contained in this complaint may be briefly summarised as under: The complainant Deshmukh has a residence in Bombay and also possesses an accommodation at Virar in Rajinsi Apartment. According to him, he obtained arm licence in 1978 from the concerned Police Authority and the said licence is valid till the date of the incident. On 28.4.1991,. he had gone to his virar residence. At about 10.30 p.m. on the said day, he was sitting in his house and listening to music. The petitioner (accused) came to his house