Judicial Magistrate First Class,
Udgir, Dist.Latur on the ground that Section 161(1) of
Maharashtra Police Act operates as a bar to entertain ... filed
beyond statutory period of 6 months as provided under Section
161 of Maharashtra Police Act.
4] Before filing the present application the applicant
powers conferred by section 36 ,
read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of
section 11 , of the Telecom ... section (4) of Section 12 or under
this section shall be issued except on the matters specified in clause (b)
of sub-section
case of Kachhi Properties (supra) that Section 52 of the
TP Act provides adequate protection, did not create a binding precedent.
5. The learned Single ... even the
observation in first part of Clause (a) that section 52
provides adequate protection to the parties from
transfers pendent lite cannot be read
under Sections 417 , 376 , 294(b) and 506(i) IPC; Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for brevity ... para 123, which reads as under:
"123. Even though Section 161(2) of the CrPC casts a wide protective net to protect the formally
view of the protection afforded to them under sub
section (2) of section 161 of Cr.P.C. and proviso to section 132 of
Evidence ... Nathuba Jadeja and Gurudayalsingh were protected by provisions of
sub section (2) of section 161 of Cr.P.C. and proviso to section
Advocate)
JUDGMENT
This Appeal is preferred by the appellant under
Section 29 of the Protection of Women from Domestic
Violence Act, 2005 for setting aside ... trial court filed by
the petitioner respondent filed under Section 12 of the
Protection of Women from Domestic Violence Act, 2005
(Herein after referred
injury was sustained by the Customs party. This Court
considered grant of protection under section 108 of the Gold (Control) Act,
1968 providing immunity ... advance the objective of the section in favour of the public servant.
Otherwise the entire purpose of affording protection to a public servant
without sanction
supra), conducting an investigation into an offence
after registration of FIR under Section 154 of the Code is the
'procedure established ... instant case before arrest of the Petitioner, that
Constitutional safeguard for the protection of the citizen is violated
in the instant case, thereby making
offence punishable under Sections 363 , 366 A,
376(2) (dha) of the IPC & Section 5(tha) / 6 of the
Protection of Children from Sexual ... Offences Act, 2012.
The prosecutrix in her statement recorded under
Section 161 of the Cr.P.C. by the Police, stated that she
had gone
under colour of duty" are also
contained in sub-section (1) of Section 161 of the Bombay
Police Act. Construing this expression, this Court ... think that the legislature
used the words „under colour‟ in Section 161(1) to include
this sense." (pp. 11-12)
14. The Court
