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