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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Yousef s/o. Yakub Londhe – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
(PER : Smt. Vibha Kankanwadi, J.)
1. The present criminal application filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C”). In the year 2019, it was initially filed seeking following reliefs :-
(b) That this Hon'ble Court may kindly be pleased to 'quash' and 'set-aside the Sessions Case No. 11/2019 & charge-sheet no. I-151/2017 filed on 13.03.2018, pending on the file of the Learned Additional Sessions Judge, Newasa, at Newasa, Dist.: Ahmednagar for offence punishable under Section 307, 120-B, 201, 341, 504, 506 of the IPC and Section 3/25 of the Arms Act & Section 37(1)(3) / 135 of the Bombay Police Act & F.I.R. registered vide C.R. No. I-15/2017 dated 06.02.2017 for offence punishable under Section 143, 149, 504, 506, 341 of the IPC and Section 37(1)(3)/135 of the Bombay Police Act, qua the Applicants.
(c) That this Hon'ble Court may kindly be pleased to 'quash' and 'set-aside the Sessions Case No. 11/2019 & charge-sheet no. I-151/2017 filed on 13.03.2018, pending on the file of the Learned Additional Sessions Judge, Newasa, at Newasa, Dist.: Ahmednagar for offence punishable under Section 307, 120-B, 201, 341, 504, 506 of the IPC and Section 3/25 of
Composite petitions challenging FIR, charge-sheet, and cognizance should be heard by a Division Bench under the Bombay High Court Appellate Side Rules, ensuring uniformity and avoiding jurisdictional....
Supplementary charge sheets can be filed without prior court permission under Section 173(8) CrPC, reinforcing the court's authority and the need for clean hands in seeking judicial relief.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
Judicial proceedings involving allegations of cheating and forgery must undergo comprehensive investigation; prima facie evidence suffices for proceeding, dismissing claims of civil nature.
The accused continues to remain in the custody of the Magistrate till such time as cognizance is taken by the court trying the offence, when the said court assumes custody of the accused for purposes....
A Magistrate must apply judicial mind when taking cognizance of an offence; failure to do so, especially through mechanical processes, renders the order invalid and subject to quashing.
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
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