FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE

CRIMINAL APPLICATION NO.3534 OF 1997

CRIMINAL APPLICATION NO.3534 OF 1997

CRIMINAL APPLICATION NO.3534 OF 1997

1) Madhav Mishra )

aged 38 yrs. S/o.Shrikant Mishra )

2) Sonelal Shri Narayan Mishra )

aged 27 yrs. )

3) Pawankumar Pratap Narayan Mishra )

aged 32 years )

4) Gulab Mishra, aged 47 years )

5) Lalan Mishra, aged 27 years )

S/o Bachulal Mishra )

6) Chandrashekar Bhagwat Narayan )

Mishra, aged 34 years )

7) Ramanandan Asarfi Yadav )

aged 42 years )..Applicants

Versus

1) The State of Maharashtra )

2) Shri Shivanand S/o Yendunandan Jha)

aged about 54 years, residing at )

Vaishnav R.M.Mandir, Near Western )

Express Highway, Janata Colony )

Jogeshwari (E), Mumbai-400 060. )..Respondents

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Mr.Subhash Jha for the applicants.

Mr.Manoj Singh h/for Mr.Diwakar Dwvedi for Respondent

no.2.

Mr.P.S.Hingorani APP for the State.

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Coram : R.S.Mohite,J

Coram : R.S.Mohite,J

Coram : R.S.Mohite,J

Date : 15.6.2006.

: 2 :

Judgment :-

1. This is an application for quashing the proceedings

in Criminal Case No.163/S/94 pending in the Court of

the Metropolitan Magistrate, 44th Court Andheri, Mumbai

and for further quashing and setting aside issuance of

process in the said case vide order dated 13.12.1994

passed by the concerned Magistrate.

2. I have heard both sides at length. It appears that

the said criminal case was filed by the present

respondent no.2 on 2.8.1993. The verification of the

complaint was effected on 9.11.1999. It appears that

police enquiry was directed under Section 202 of the

Cr.P.C. and after the police report was received and

perused by the Metropolitan Magistrate on 15.12.1994,

process was issued for the offence under Sections 323,

504, 506-II and 357 of IPC.

3. The present application has been filed without

enclosing the statements recorded by the police or the

police report which are the documents upon which the

impugned order was inter alia based. On making

enquiry, the Advocate for the applicants fairly stated

that no attempt has been made to obtain certified copy

of the statement recorded by the police or of the

police report which was one of the documents on the

: 3 :

basis of which the impugned order was passed. On this

ground alone, the application is liable to be

dismissed.

4. Apart from this, with regard to the Complaint, it

relates to two incidents which have allegedly occurred

on 20.7.1993 & 24.7.1993. It was sought to be

contended that the Complaint was false because on

22.7.1993, accused no.3 Pawankumar Mishra was arrested

and produced before a Court in Bihar. Similarly

accused no.2-Sonelal Mishra, accused no.3-Fanainath

Mishra, accused no.4-Gulab Mishra and ac