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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ANIL S.KILOR
Shankar Maharaj – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. judgment procedure and issuance of process. (Para 1 , 2 , 3) |
| 2. allegations and prior judicial proceedings details. (Para 4 , 5 , 10 , 11) |
| 3. court's reasoning for maintaining process issuance. (Para 12 , 30 , 35) |
| 4. arguments regarding application of the law. (Para 15 , 16 , 18 , 19) |
| 5. final ruling on the application. (Para 36 , 37) |
JUDGMENT :
1. Heard.
3. This is an application filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) whereby a challenge is raised to the order dated 18/10/2022 passed by the Additional Sessions Judge, Amravati in Criminal Revision No. 07 of 2022 dismissing the revision preferred by the applicants challenging the order dated 22/12/2021 passed by the learned Judicial Magistrate First Class Court No.2, Dhamangaon Railway in Regular Criminal Case No. 49 of 2018 issuing process against the applicants.
5. The respondent No.2 filed Misc. Criminal Application No. 83 of 2016 in the Court of learned Magistrate, Dhamangaon on 14/09/2016 under Section 156(3) and Section 190 of the Cr.P.C. requesting to register First Information Report (FIR). It is alleged in the complaint that Shri Sant Shankar Maharaj Ashram Trust, Pimpalkhut
The court upholds that a prima facie case for issuing process can be based on the evidence presented, and the trial court's discretion should not be interfered with lightly.
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
Magistrate issuing process must apply judicial mind to allegations and evidence; mechanical orders without reflecting such application are illegal, warranting quashing and remand for fresh considerat....
The inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
The central legal point established in the judgment is the requirement for the learned Magistrate to apply his mind properly while issuing process, as emphasized in the relevant judgments.
The court established that a magistrate must provide an opportunity for the accused to be heard before taking cognizance of criminal complaints, ensuring adherence to procedural justice under Section....
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