Back
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Ajay S/o. Nandkumar Choudhari – Appellant
Versus
Harjitsing S/o. Tirathsing Sawhney – Respondent
JUDGMENT :
[Y. G. KHOBRAGADE, J.]
1. Rule. Rule made returnable forthwith and with consent of both the parties, heard finally at the stage of admission.
2. Heard at length Adv. Bora, the learned counsel for the Petitioners and Mr. Harjitsingh S/o Tirathsing Sawhney party-in person and the learned APP Mr. Naik for the State.
3. The Respondent No. 1 / original Complainant filed Criminal Application No.330 of 2022 in Criminal Writ Petition No.1383 of 2021 and prayed for production of documents. The Petitioners / original Accused have not seriously resisted the Application. Since, the Respondent No. 1 / Original complainant wanted to produce documents, production of documents granted. Hence, Criminal Application No. 330 of 2022 is disposed off.
4. The Petitioners in Criminal Writ Petition No.1383 of 2021 prayed for quash and set aside the order dated 04.08.2021 passed by the learned Additional Session Judge,-14, Aurangabad, in Criminal Revision Application No.203 of 2017, whereby affirmed the order of issuance of process passed by the learned Judicial Magistrate First Class, Aurangabad, on 09.02.2016 in Regular Criminal Case No. 2039 of 2015 for the offence punishable u/s 379 of I.P.C.. The
The court held that cases arising from a police report and a private complaint regarding the same offence must be tried together under Section 210 of the Cr.P.C.
The main legal point established in the judgment is the distinction between procedures for registering a first information report and private complaints, and the inapplicability of judgments related ....
The court ruled that trials may be conducted together under Section 223 Cr.P.C. but should remain separate if the accused differ between a police report and a complaint case, to avoid prejudice.
An order summoning an accused in a criminal case is not an interlocutory order and revision is maintainable. The Magistrate must apply his mind to the facts of the case and law governing the issue an....
The fundamental right of the accused to a speedy trial and the discretion of the court to order joint or separate trials based on the stage of the trial and potential prejudice to the accused.
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
