Bombay High Court Says : Police Have Every Right To Quiz Those Out At Night
Bombay High Court Says : Police Have Every Right To Quiz Those Out At Night
Police have every right to inquire with people who are out at night, said the High Court of Bombay while refusing to quash an FIR against a man who was among an allegedly drunken group that sped away.
The FIR was filed on Feb 2, 2019, by a sub-inspector on night patrol to check drunk driving on the WE highway at Vile Parle. At 1.50 am, the driver of a car didn't stop, dashed against a barricade & was chased & stopped near Andheri bridge.
The Cops noticed there were 2 cars with 7 people, including 2 women. Police said the driver of the first car was drunk, refused the breathalyser & offered a bribe. He tested positive & didn't possess a driving licence.
The group tried to shoot videos from their phones & refused to sign on the penalty receipt. There was an altercation. The FIR claimed the 7 abused the police personnel & even manhandled additional staff sent to the spot.
While the FIR was under the Indian Penal Code sections, including 353 (assault or criminal force to deter public servant), the petitioner’s advocate Rohini Wagh argued the section is not attracted. He was in the second car & had exchanged his seat after the women alighted from the first car. He had not consumed alcohol. She also said he has taken up a new job & has no criminal history.
The Court said from the FIR & statements of witnesses, ingredients of assault & criminal force are prima facie disclosed. It said it is immaterial at this stage whether the petitioner was sitting in a different car & exchanged seats with the women in the first car.
