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1988 Supreme(Bom) 324

H.H.KANTHARIA
Harish Dwarkadas Gandhi – Appellant
Versus
G. B. Yadav, Asst. Dir. D. R. I. & another – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---While dealing with this petition under Article 227 of the Constitution read with section 482 of the Criminal procedure Code, 1973 (hereinafter referred to as' the Code') for quashing of process issued by the learned Chief Metropolitan Magistrate, Bombay, in Criminal Case No. 427/CW/1988 at the admission stage. I am reminded of the observations made by the Supreme Court in the case of (State of Maharashtra v. Champalal Punjaji Shah)1, (1981)3 S.C.C 610 as under :

"It is one of the sad and distressing features of our criminal justice system that an accused person, resolutely minded to delay the day of reckoning, may quite conveniently and comfortably do so, if he can but afford the cost involved, by journeying back and forth, between the Court of first instance and the superior Court, at frequent interlocutory stages. Applications about to quash investigations, Complaints and charges on all imaginable grounds, depending on the ingenuity of client and Counsel. Not frequently as soon as a Court takes cognisance of a case requiring sanction or consent to prosecute, the sanction or consent is questioned or a improperly accorded, as soon as



























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