Subduing a criminal case recorded by a lady police constable against a backer, likewise a lady, who used to stop her auto before Mahim police headquarters here, the Bombay High Court has asked police work force and legal counselors not to battle with each other.
“It can’t be overlooked that promoters, cops, open prosecutors and courts are partners in criminal organization of equity and they are required to regard each other and not to battle,” watched a seat of Justices V M Kanade and Nutan Sardessai in a late request.
Advocate Vaijayanti Kalekar used to stop her auto before the police headquarters. One day, she had a contention on the stopping issue with a lady constable who affirmed that the legal advisor was developing a stopping shed for the vehicle.
Taking after the quarrel between the two, a grumbling was recorded by the constable against the legal counselor asserting that the last had demanded that she would keep stopping the auto and said the constable was allowed to do whatever she needed against her.
Kalekar was reserved under IPC segments 353 (attack or utilizing criminal constrain to dissuade an open worker from performing obligation), 188 (defiance to the request proclaimed by open hireling) and 506 (criminal terrorizing). She moved the high court looking for suppress of the police grumbling.
“In our view, regardless of the possibility that announcements made in the objection are acknowledged all over esteem, the elements of offenses which are leveled against the candidate legal advisor are not made out.
Likewise, the candidate (legal advisor) should not to have carried on in the police headquarters in a way claimed by the constable.
“Without going into the accuracy or generally of what is specified here, we are of the view that the claims leveled against the candidate are not borne out from the announcement made by the complainant,” said the judges.
“A scrutiny of the announcement of the complainant plainly unveils that the elements of the offenses leveled against the candidate are not made out regardless of the possibility that they are acknowledged all over esteem,” the court said while discarding the application recorded by the legal counselor.