Sujit Raosaheb Kadam vs The Sub Division Officer, Ralegaon, … on 30 July, 2025

0
6

[ad_1]

1. Rule. Rule made returnable forthwith. By consent of

parties, heard finally.

2. By way of the present petition, the petitioner is

challenging the order dated 24.02.2025 issued by the respondent

No.1, under Section 129 of the Bharatiya Nagrik Surkasha Sanhita,

2023 (in short ‘the BNSS Act’) (under Section 110 of the Criminal

Procedure Code) as well as the detention order dated 17.03.2025.

954.wp.231.2025.Judgment..odt

3. The petitioner is permanent resident of Yavatmal and

there were no criminal antecedents except the offence Crime

No.0190/2023 which was registered under Section 379 of the Indian

Penal Code. On 03.02.2025 three tractors having no registration

numbers were seized from outside of the petitioner’s house. It was

alleged that petitioner is involved in the illegal excavation of sand.

It was also alleged that the offence bearing Crime No.0190/2023

was registered against the petitioner therefore, the respondent No.1

issued a preliminary order on the apprehension that the petitioner is

habitual offender and called the petitioner to submit his explanation

on 05.02.2025. Subsequent to that, the respondent No.2 has also

issued preliminary order against the petitioner on 11.02.2025 called

upon him to file explanation on 13.02.2025. On receipt of the

above said orders, the petitioner appeared before the respondent

No.1 and filed its reply and denied all the allegations and submitted

that he is falsely implicated in the above said crime having as he

has no concern with the same. Thereafter, without any inquiry, he

was directed to execute the bond of Rs.1,00,000/- for a period of

six months and a gazetted officer of the same value along with a

surety of the same value in Yavatmal district. Thereafter, the

respondent No.2 initiated the proceedings against the petitioner

under the provisions of Section 126 and 135(3) of BNSS, 2023, also

initiated the proceedings against the petitioner under the provisions

of Section 129 and 130 of the BNSS.

[ad_2]

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here