Khushi Doshi
Published on: March 28, 2022 at 19:14 IST
The Police have every Right to Question persons who are out late at night, according to the Bombay High Court, which refused to Dismiss a First Information Complaint against a guy who was part of an apparently inebriated group that sped away.
On February 2, 2019, a Sub-Inspector on Night Patrol filed a First Information Report to check for drunk driving on the Western Express highway in Vile Parle. At 1.50 a.m., a car driver did not stop, rushed against a Roadblock, and was pursued and detained near the Andheri Bridge.
The Officers saw two automobiles with seven persons inside, including two ladies. According to police, the first car’s driver was inebriated. The Breathalyser was Declined, and a Bribe was offered. He tested positive and did not have a Driver’s Licence.
The Gang attempted to film footage using their phones and refused to sign the Penalty Receipt. There was a quarrel. According to the First Information Report, the seven Assaulted Police Officers and even Manhandled extra employees who were dispatched to the scene.
While the First Information Report was filed under Indian Penal Code Sections such as 353 (Assault or Criminal Force to discourage Public Servant), the Petitioner’s Lawyer, Rohini Wagh, contended that the Section was not applicable. He was in the second car and had switched seats after the women exited the first. He hadn’t had any booze. She also stated that he has started a new career and has no Criminal Record.
According to the Court, the Components of Assault and Criminal Force are Prima Facie exposed in the First Information Report and Witness Accounts. It stated that it makes no difference at this point whether the Petitioner was in a separate car and traded seats with the women in the first car. “It is crucial to mention that following this incident, there was flinging of insults towards the Police and Manhandling,” it said.
