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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Mahavir Singh Charan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Ms. Tasmiya Taleha, learned Advocate for the Petitioners, Mr. Sukanta Karmakar, learned APP for the Respondent – State and Mr. Rahul Aarote, learned Advocate for the Respondent No. 2.
2. By order dated 04.12.2025, this Court took the view that an arguable case was made out to impel the Court to entertain this Petition.
3. Though the Petitioners have raised several challenges regarding the proceedings arising from Criminal Case No. 06/SW/2022 for offences punishable under Sections 498A, 406, read with Section 34 of the Indian Penal Code, 1860, (hereafter “IPC”), pending before the file of the Metropolitan Magistrate, 71st Court, Bandra, Mumbai, (hereafter “Magistrate”), Ms. Tasmiya Taleha, Mr. Sukanta Karmakar, learned APP, and Mr. Rahul Aarote have limited their arguments to contest the Order dated 19.04.2024 passed by the Magistrate in Criminal Case No. 06/SW/2022 (hereafter “impugned order”), whereby the Magistrate issued process against the Petitioners.
4. Rule. Rule made returnable forthwith and with the consent of the parties, heard finally.
5. Material facts relevant for the adjudication of the present Petition are that the marriage between t
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 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....
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
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 ....
At the stage of taking cognizance and issuing process, the Magistrate is only required to see the sufficiency of the material for proceeding further, not to meticulously examine the evidence. The cou....
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 must apply judicial mind when taking cognizance and issuing summons, ensuring sufficient grounds exist for proceeding with the case.
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: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
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