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2023 Supreme(Online)(Bom) 24278

BOMBAY HIGH COURT
G. A. SANAP, J
Maheshkumar Hargovind Goyal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anil S. Mardikar, Mr. Digvijay Singh
For the Respondents: Mrs. M. H. Deshmukh

Table of Content
1. initial case details leading to the petition. (Para 3 , 4 , 5)
2. arguments regarding the legality of the magistrate's order. (Para 6 , 8 , 10)
3. court's observations on investigative authority and procedures. (Para 11 , 12 , 17)
4. final decision and implications of the ruling. (Para 20)
ORAL JUDGMENT

1. RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

2. In this petition, filed under Article 227 of the Constitution of India, challenge is to the order dated 07.06.2022, passed below Exh.80 by learned Judicial Magistrate, First Class, Court no.10, Nagpur, whereby learned Magistrate was pleased to grant permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner under Section 173 sub-Section (8) of the Code of Criminal Procedure (hereinafter referred to as “the Cr.P.C.” for short).

3. The facts giving rise to this petition are as follows :

The petitioner is accused no.7 in a crime bearing No.

343/2016, registered at Police Station, Wadi, Nagpur City, Nagpur for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of the I

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