2025:BHC-AS:37206

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.2231 OF 2005

Digitally signed by

ARJUN Pradeep Bhimrao Bhosale & Ors. …Petitioners

ARJUN VITTHAL

VITTHAL KUDHEKAR

KUDHEKAR Date: Versus

2025.09.06

17:19:43

+0530 The State of Maharashtra & Anr. …Respondents

_______________________________________________________________ Mr. Sudatta J. Patil a/w Vikram Singh Parmar, Prajay Kutkar & Virendra

Deshmukh, for the Petitioners.

Ms. P. P. Bhosale, APP, for Respondent No.1-State.

Mr. Nikhilesh Pote a/w Tanmay T. Jadhav & Amey S. Ajgaonkar &

Manan Talati, for Respondent No.2.

Mr. Niranjan Mundargi, Amicus Curiae.

Mr. Vaibhav V. Ugle, Amicus Curiae.

_______________________________________________________________

CORAM: MADHAV J. JAMDAR, J.

DATED: 01 AUGUST 2025

JUDGMENT:

1. Heard Mr. Mundargi, learned Amicus Curiae, Mr. Vaibhav Ugle, learned Amicus Curiae, Mr. Sudatta Patil, learned Counsel appearing for the Petitioners, Ms. P. P. Bhosale, learned APP for the State and Mr.

Nikhilesh Pote, learned Counsel appearing for the Respondent No.2.

I. CHALLENGE:

2. By the present Writ Petition filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) the challenge is to the legality and validity of

the Order dated 12th July 2005 passed by the learned Additional Sessions Judge, Sangli in Criminal Revision Application No.164 of 2004 (“impugned Order”).

3. By the impugned Order dated 12th July 2005 the learned Additional Sessions Judge, Sangli dismissed the said Criminal Revision Application No.164 of 2004. In the said Criminal Revision Application No.164 of 2004, challenge was to the legality and validity of the Order dated 28th September 2004 passed by the learned Judicial Magistrate, First Class, Miraj in Regular Criminal Case No.166 of 2004. By the said Order dated 28th September 2004, process has been issued by the learned JMFC against about 11 Police Personnel, who were at the relevant time attached to the Miraj City Police Station, Miraj. The said Order dated 28th September 2004 reads as under :-

“O R D E R Issue process against P.I. Pradeep Bhosale, Police Constable Mali, Police Constable More, Police Constable Gavhane, Police Constable Lamdade, Police Constable Jadhav, Police Constable Tamboli, Constable Kalgutagi, Police Constable Pardeshi, Police Constable Nalwade, Police Constable Rane, and Police Constable Kazi (who all are attached to Miraj City Police Station) for the offences P/U/S 22-0 and 330 read with section 149 of the Indian Penal Code.”

By the impugned Order dated 12th July 2005 of the learned Additional Sessions Judge, Criminal Revision Application No.164 of 2004 challenging the same was dismissed. Thus, in effect the Order issuing process against the Petitioners and other Police Personnel under Sections 220, 330 read with Section 149 of the Indian Penal code, 1860 (“IPC”) has been confirmed.

4. As the allegations are serious against the Police Personnel alleging physical assault and harassment of the Respondent No.2, this Court by Order dated 18th November 2024 appointed Mr. Niranjan Mundargi, learned Counsel as Amicus Curiae to assist the Court and also appointed Mr. Vaibhav Ugle, learned Counsel as Amicus Curiae to represent the interest of the Respondent No.2.

II. Submissions of Mr. Niranjan Mundargi, learned A micus Curiae :

5. Mr. Niranjan Mundargi, learned Amicus Curiae raised the following contentions :-

i. Learned Amicus pointed out various factual aspects.

ii. Learned Amicus submitted that the important issue involved in the matter is point of sanction for prosecution of a public servant as contemplated under Section 197 of CrPC. He pointed out various decisions of the Supreme Court including following :

a) Amrik Singh v. State of Pepsu ¹ b) Rizwan Ahmed Javed Shaikh v. Jammal Patel ² c) D. Devaraja v. Owais Sabeer Hussain ³

1 AIR 1955 SC 309

2 (2001) 5 SCC 7

3 (2020) 7 SCC 695 d) Gurmeet Kaur v. Devender Gupta ⁴ iii. Learned Am