File photo of Bombay High Court.
The court observed that the police has every right to interrogate people at night, while refusing to quash an FIR against a person, who was allegedly involved in a drunken group, who was arrested during night patrol. Was told to stop.
The Bombay High Court observed that the police have every right to interrogate people going out at night and refused to quash an FIR against a person who was allegedly involved in a drunken group who went out at night. Was asked to stop by a cop during patrolling.
An FIR was lodged by a sub-inspector in February 2019. The sub-inspector was patrolling at night on WE Highway in Vile Parle, Mumbai and the driver of a car did not stop at around 1:50 am. That being said, a barricade hit and was eventually stopped near the Andheri bridge after a brief chase.
Police said there were two cars with seven people, adding that the driver of the first car was under the influence of alcohol, refused to breathe and offered a bribe. He tested positive in the breath analyzer test and did not have a driving licence.
According to the police, the group refused to sign the fine receipt and even tried to take the video. The FIR alleged that the seven misbehaved with the police personnel and assaulted the additional staff sent to the spot.
The petitioner had argued against Section 353 (Assault or criminal force to deter public servant) of the IPC under which the FIR was registered, stating that the said section was not attracted as he was in another car and the women He had exchanged his seat after getting down. first car. He said that he did not consume alcohol.
The counsel for the petitioner submitted that he has taken a new job and has no criminal history.
To this the court said that it does not matter that the petitioner was sitting in the second car and exchanged seats with the women in the first car. “It is important to note that after this happened, there was abuse and assault on the police,” the court said.
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