SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1986 Supreme(Guj) 30

P.R.GOKULAKRISHNAN, S.B.MAJMUDAR
RANCHHOD RAMJI MACHI – Appellant
Versus
B. J. GADHVI,deputy POLICE COMMISSIONER,surat – Respondent


Advocates Appeared: B.J.SETHNA, GIRISH D.BHATT

P. R. GOKULAKRISHNAN, J.

( 1 ) THIS is a petition to quash and set aside the impugned notice at annexure A and the impugned orders at annexure B passed by respondent No. 1 and confirmed in appeal by respondent No. 2 at annexure C. The petition further prays for a declaration that provisions of section 56 and 59 of the Bombay Police Act are ultra vires the provisions of the Constitution of India and therefore they have to be struck down.

( 2 ) THE short facts of the case are that the petitioner is involved in offences in which force and violence were used punishable under Chapters XVI and XVII of the Indian Penal Code; that the petitioner is moving with his associates with dangerous weapons like axe ironbars etc; that he is robbing the money and the valuables from the innocent persons passing on the road at the point of knife by giving threat of violence and giving threat to kidnap them; that he is involved in the offences using force and violence punishable under sections 326 114 337 and 338 of Indian Penal Code sections 506 (2) 385 386 114 of the Indian Penal Code and offence under sec. 394 and 114 of the Indian Penal Code and that the petitioner is a fierce and headstrong man. It





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top