The applicant challenged a criminal complaint under the MPID Act and the draft charge. The High Court held the application non-maintainable, directing the applicant to file an application for discharge before the trial court instead.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 3062 OF 2006
J.S. BHAT & ORS. ..APPLICANTS
V/S
THE STATE OF MAHARASHTRA ..RESPONDENTS
MR. B.P. JAKHADE FOR APPLICANTS.
MRS. M.M. DESHMUKH -APP FOR STATE.
CORAM: V.M. KANADE, J.
DATE : 12TH OCTOBER, 2007.
P.C.
1. Heard learned counsel appearing on behalf of the
Applicants. The Applicants are challenging the
complaint filed against them under the provisions of
MPID Act and are also challenging the draft charge. In
my view the Application is not maintainable. The
Applicants are at liberty to move an application for
discharge and if such application is made the trial
court shall consider the same in accordance with law.
The Application is accordingly disposed of. All the
contentions raised in this Application are kept open.
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(V.M. KANADE, J)
1 issue framed by the court
Whether the present criminal application is maintainable for challenging the complaint and draft charge.
J.S. BHAT & ORS.
THE STATE OF MAHARASHTRA
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court