The Bombay High Court passed a order on 13 March, 2023.This was seen in the case of Parshuram Sharma vs State of Maharashtra 1384 OF 2022 and the case was presided over by Hon’ble Justice SUNIL B. SHUKRE & KAMAL KHATA.
FACTS OF THE CASE:
In this case the petitioner claims to be a social activist working for better and reformed society. He claims Mr. Parambir Singh, former Commissioner of Police, Mumbai having played a shady role, thereby suggesting that Mr. Parambir Singh himself could be one of the accused persons.
OREDER OF THE CASE:
The material do not disclose commission of any cognizable offence nor do it show that there is any reasonable probability of commission of cognizable offence at the hands of former Commissioner of Police. Unless and until such material is available on record and it is within the own knowledge of the person seeking registration of a crime, it cannot be said that any more investigation by police is warranted and that a person seeking such investigation in the crime has locus in the matter. It is only that informant who would have a locus to file FIR with police station, in terms of section 154 of CrPC, who has credible information about commission of cognizable offence. Criminal law can be set into motion only after the complaint made to police discloses commission of cognizable offence in terms of section 154 of CrPC. All these aspects necessary for initiation of investigation into a cognizable crime are absent in this case,” the bench observed.
With these observations, the bench dismissed the petition.
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JUDGEMENT REVIEWED BY ARCHLA.
Parshuram Sharma vs State of Maharashtra
