Santosh Ramchandra Sawant v. The State Of Maharashtra

1 28.962.15 aba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 962 OF 2015 Santosh Ramchandra Sawant .....Applicant V/s.

The State of Maharashtra ....Respondent None for Applicant Ms. P. P. Shinde APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 22nd JULY 2015 PC :

Heard learned APP. Commissioner of Police, Mumbai has filed affidavit before this Court contending therein that pursuant to the order passed by this Court (Coram: Smt. Sadhana S. Jadhav, J.) on 13/07/2015, a Special Police Notice Circular notice has been issued which is numbered as 19 of 2015 and Commissioner of Police would take all steps to see that mandate of section 157 (2) of Code of Criminal Procedure, 1973 is followed in letter and spirit. Learned APP has also shown a register to this Court where steps are being taken by the concerned police stations for compliance of mandate under section 157 (2) of Code of Criminal Procedure, 1973 as well as earlier orders passed by this Court. It is orally informed to the Court that Zone 11 is ism

2 28.962.15 aba conducting workshop today to apprise police personnels in Zone 11 of the mandatory provisions of the Code of Criminal Procedure, including section 157 of Code of Criminal Procedure, 1973. Commissioner of Police, Mumbai has submitted that he would be taking steps to see that such workshops are conducted in all zones and apprise the police of all the respective zones to follow the mandatory provisions of Code of Criminal Procedure, 1973, especially 157 (2) of Code of Criminal Procedure, 1973. 2) It is usually seen that accused are supplied with only proforma under section 154 of Code of Criminal Procedure, 1973 without giving them text of F.I.R. Hence, accused are not able to meet the allegations levelled against them in the first instance.

3) Police shall see to it that F.I.R. is sent to the concerned Court along with statement of the complainant on the basis of which offence is registered in order to enable the Court to give a copy of proforma as well as text of the F.IR. to the accused.

4) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.) ism