Remanded

Ashok Sadarangani v. Central Bureau of Investigaion and Ors.

Bombay HC10 Sept 2004REVN/225/2004

Case brief

AI extract

What is this about?

The High Court allowed the application, held that the trial court has power under Section 167 CrPC to grant home food to judicial detainees, set aside the trial court's rejection, and remanded the matter for disposal.

What did the court decide?

The rejection of the application for home food was set aside; the matter was remanded to the trial court for disposal within two weeks.

Ashok Sadarangani Vs Central Bureau of… — Pension and Retirement Benefits | Bombay HC (2004)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL REVISION APPLICATION NO. 225 OF 2004

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 Ashok Sadarangani.......... .. Applicant.

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 Versus

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 Central Bureau of Investigation
 and Others. .. .. .. Respondents.

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 Mr.A. M. Sachwani for the Applicant.

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 Mr. D. R. More, Addl.G.P. for State.

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CORAM : A. M. KHANWILKAR, J.

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DATED : 10TH SEPTEMBER, 2004.

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P.C.:

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 Heard learned Counsel for the parties.

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 2. Rule. Rule made returnable forthwith by consent.

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 3. Mr. More, learned Addl. Government Pleader,

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 waives service of notice for the State.

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 4. As short question is involved, the Revision
 Application is taken up for final disposal forthwith

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 -: 2 :-

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 by consent.

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 5. This revision application takes exception to the
 order passed by the Court of Sessions for Greater
 Bombay dated 25th June, 2004 in Misc. Application No.
 276 of 2004 in Special Case No.3 of 2004. The
 Applicant had applied for providing home food while in
 judicial custody. The trial Court, however, rejected
 that application by observing that such a prayer can
 be considered by the Inspector General of Prison. The
 learned Addl. Government Pleader has fairly brought
 to my notice an unreported decision of the Division
 Bench of our High Court decided on 2nd August, 2004 in
 Criminal Writ Petition No.1438 of 2000. In paragraph
 28 of the said decision, the Court has observed on
 analysing relevant provisions and decisions that the
 power to order home food in respect of the persons in
 judicial custody during the trial vests in the
 Magistrate or the trial Court under Section 167 of the
 Code of Criminal Procedure and the same is not
 controlled by virtue of Sections 31 and 32 of the
 Prisons Act, 1894.

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 6. If, it is so, the view taken by the trial Court in

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 -: 3 :-

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 rejecting the application of the Applicant herein,

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 cannot be sustained.

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 7. Accordingly, the same is set aside. Instead of
 examining the request of the Applicant for the first
 time before this Court, the appropriate course is to
 relegate the parties before the trial Court who in
 turn shall consider the application on its own merits
 and in accordance with law.

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 8. The application which is restored and remanded to
 the file of the trial Court shall be disposed of as
 expeditiously as possible and preferably within two
 weeks from the receipt of the writ from this Court.

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 9. Criminal Revision Application is disposed of
 accordingly.

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 10. All Authorities concerned to act on an ordinary
 copy of this order duly authenticated as true copy by

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 the Office.

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 Sd/-

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(A. M. KHANWILKAR, J.)

Ashok Sadarangani v. Central Bureau of Investigaion and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Sadarangani v. Central Bureau of Investigaion and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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