-Criminal case registered by police quashed in bench
Aurangabad: According to Section 324 of the Indian Penal Code, Kolhapuri chappal (Slippers) cannot be called a lethal weapon, said a bench comprising of Justice Anuja Prabhudesai and Justice RM Joshi of the bench of the Bombay High Court.
As per the petitioner, his brother had beaten him up with a Kolhapuri chappal. The police had registered a cognizable offense under Section 324 of the IPC and offense of trespass under Section 452 of the IPC as the alleged incident took place on the steps of the house.
As per the complaint filed by Anant Deshmukh, Mangesh Deshmukh and his wife Shraddha of Massajog (Kaij, Beed) had entered his house and beat him up with Kolhapuri slippers. The police had filed a cognizable case against the couple under Section 452, 324, 323 and 504 of IPC. A criminal case was filed in court. Mangesh and his wife challenged the decision and filed a petition in the bench through Adv Hanumant Jadhav.
According to law, the police cannot investigate a non-cognizable offence. Police can investigate such offenses only by order (with permission) of Magistrates empowered to hear such cases under Section 155(2) of the Code of Criminal Procedure. Similarly, the pending case in the sessions court of Kaij in connection with the above offenses was also quashed.