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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Y.G. KHOBRAGADE, J.
Rajesh S/o Dhanji Zalte – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Y.G. KHOBRAGADE, J.]
1. Rule. Rule made returnable forthwith. With the consent of both sides, heard finally.
2. Heard Mr. Rajendrraa Deshmukh, the learned Senior Counsel appearing for the Petitioner and Ms. Deshmukh, the learned APP for the State at length.
3. By the present petition under Article 227 of the Constitution of India, the Petitioner/Original Accused No.2 takes exception to the order dated 28.07.2022 passed by the Ad-hoc Additional Sessions Judge, Jalgaon in Cri. Revision No. 83 of 2019, thereby affirmed the order dated 22.04.2019 passed by the learned Chief Judicial Magistrate, Jalgaon, in Regular Criminal Case No. 494 of 2011, whereby directed to frame charge against the present Petitioner/Accused for the offence punishable under Section 119, 120, 166, 167, 171, 181, 182, 192, 193, 196, 198, 199, 205, 419, 420, 422, 465, 466, 467, 468, 471 read with Section 34 and 120-B of the I.P.C.
4. Facts giving rise to the present petition are that on 03.12.2010, the learned Principal District and Sessions Judge, Jalgaon received a written complaint from one Shri Prakash Gulabrao Patil, wherein he alleged that the original claimant Shri Chindna Krishna Mang in land acquisi
A legal practitioner must verify client identities and cannot evade liability for facilitating fraud in legal proceedings.
Cheating - Where a criminal proceeding is manifestly attended with mala fide and/or where proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on accused and with a vie....
An advocate is not criminally liable for identifying clients based solely on presented documents unless underlying deceit is apparent.
Offence of Forgery – Quash of order - Court not find any criminal act having been committed during entire process. Only person who could have been aggrieved was seller, who’s statement was recorded b....
The court established that civil suits do not bar criminal proceedings when allegations reveal potential criminal activities, emphasizing the simultaneous applicability of both legal remedies.
The validity of documents, probative value, and admissibility of documents cannot be examined at the stage of framing charges and can be addressed during trial. The defense taken by the accused canno....
The main legal point established in the judgment is the court's discretion to frame charges based on prima facie evidence, even in cases involving civil disputes and criminal prosecution.
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