HC questions FIR against city SP chief in non cognisable case

Bombay High Court today asked police on what basis it had registered an FIR against city's Samajwadi Party president Abu Asim Azmi and a party worker for allegedly using a loud speaker without permission during an election rally in suburban Goregaon in 2009.
A bench of Justices P V Hardas and P N Deshmukh asked the government to explain how in a case of Non-Cognisable (NC) offence, an FIR was filed followed by a charge sheet without permission from the magistrate concerned.
The direction was given by the court while hearing a petition filed by Azmi and party worker Devendra Kumar Singh, through advocate K H Giri, seeking quashing of the FIR.

During Lok Sabha election campaign, Azmi held a rally on April 18, 2009, at Goregaon. He had taken the permission for the rally, but did not seek necessary permission for using loudspeakers.
As per provisions of the Bombay Police Act, permission has to be taken for using loudspeaker for rally even during the day time.
Giri contended that as per section 155(2) of the Criminal Procedure Code, police cannot investigate such an alleged offence without permission from the magistrate concerned.

"However, in this case, an FIR was lodged by the then assistant police inspector Ramchandra Bharti. Subsequently charge sheet was filed which was accepted by the magistrate," said Giri.

Giri argued that the magistrate should have applied his mind and not accepted the charge sheet since the police had not acquired prior permission, as required by law.
Hearing the petition, the court also issued notice to the state government and senior police inspector, Goregaon.