Shantilal R. Shah v. Hemlata Rassiklal Shah and Ors.
Case brief
What is this about?
Petitioner challenged the rejection of a private complaint alleging offences under the IPC. The bench noted that while process was issued for some accused, the Magistrate declined to issue process for house-breaking against Accused No. 1 due to delay and lack of role ascribed.
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.946 OF 2006
...................................................... OFFICE NOTES, OFFICE MEMORANDA OF CORAM, APPEARANCES, COURT’S ORDERS OR DIRECTIONS AND REGISTRAR’S ORDERS
COURT’S OR JUDGE’S ORDER
Ms. Leela D. Lalu, for the Petitioner.
Mr. A.S. Shitole, APP, for Respondent No.6.
CORAM : A.S.OKA, J. DATE : AUGUST 21, 2006.
P.C.:
- Heard Advocate appearing for
the Petitioner.
| 2. | The | Petitioner | is | the |
|---|---|---|---|---|
| complainant | who | filed | private | |
| complaint | alleging | commission | of | |
| offence | u | nder Section |
458, | 341, |
| 352, 36 |
5, | 506, 511 |
read | with |
| Section | 34 | of the |
Indian | Penal |
Issues for consideration
2 issues framed by the court
Whether to interfere with the Magistrate's refusal to issue process for house-breaking by invoking Article 226 read with Section 482 CrPC.
Whether delay in filing the private complaint bars issuance of process for all alleged offences.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent No.6
Coram
A.S. Oka
Case details
As recorded by the court registry
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