Shiv Pratap Singh Yadav v. The State Of Maharashtra And ORS

CRPILST. 48-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (St.) No. 48 OF 2015 Shiv Pratap Singh Yadav ...

Petitioner Vs.

The State of Maharashtra & Anr.

...

Respondents *** Mr. Niranjan A. Mogre for the Petitioner.

None for the Respondents.

*** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : MARCH 27, 2017 PC.

1.

By this criminal Public Interest Litigation (for short "PIL) which is filed under Article 226 of the Constitution, Petition is seeking following reliefs:

"In the facts and circumstances of the present petition, the petitioner most respectfully prays that this Hon'ble Court by appropriate writ order or direction.

(A) Direct all the Public servants & Police Officers to file complaints u/s. 181 and / or 182 of the IPC 1 / 2

CRPILST. 48-15 whenever a false statement on oath is made before them or a false information is given to him making him to act or to omit or to make use of his power to injure or annoy any person or to abet or attempt to commit or to conspire to commit such offences as provided u/s. 195(1)(a) of the Cr. P. C. forthwith.

(B) To direct all the police officers to file complaint u/s. 182 of the IPC whenever they file application for B-summary before the Magistrates indicating no offence has taken place & the complaint is found to be maliciously false.

(C) To declare the Sec. 192(2) of the Cr. P. C. as unconstitutional and be struck down from the statute book."

2.

In our view, such an omnibus prayer, as sought by the Petitioner, cannot be granted while exercising the PIL jurisdiction under Article 226 of the Constitution of India. Writ petition is therefore, dismissed.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2