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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Kotak Mahindra Bank Ltd. – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenges order rejecting crpc section 156(3) application. (Para 1 , 2 , 3) |
| 2. arguments regarding alternate remedy of criminal revision. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. section 156(3) order constitutes final order subject to revision. (Para 11 , 15) |
| 4. petitioner's prior legal proceedings dismissed. (Para 12 , 13 , 14) |
| 5. distinction between maintainability and entertainability of writ. (Para 16 , 17) |
| 6. no exceptional grounds warrant entertaining writ petition. (Para 18 , 19 , 20 , 21 , 22) |
| 7. petition disposed; time excluded for filing revision. (Para 23 , 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Subhash Jha, learned Advocate for the Petitioner and Mr. Tanveer Khan, learned APP for the Respondent/State.
2. This petition filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code challenges the order passed by the Judicial Magistrate First Class, Court No. 71, Bandra, Mumbai (hereafter “Magistrate”), whereby an application filed by the Petitioner under Section 156(3) of the Code of Criminal Procedure 1973 (hereafter “Cr.P.C.”) was rejected (hereafter “impugned order”).
3. The reliefs sought by
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
The court emphasized the procedural propriety requiring litigants to first approach subordinate courts before the High Court unless exceptional circumstances justify bypassing this route.
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
Judicial orders from civil courts cannot be challenged through writs under Article 226; alternative remedies must be exhausted first.
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