High Court granted leave in a criminal application and appeal concerning Section 390 CrPC. The court noted the accused was already convicted for kidnapping and declined to order Section 390 proceedings, directing the Assistant Public Prosecutor to verify prior conviction challenges.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.544 OF 2007
The State of Maharashtra ... Appellant
V/s.
Ashok Baban Mhatre ... Respondent
a/w
CRIMINAL APPEAL NO.180 OF 2007
The State of Maharashtra ... Appellant
V/s.
Ashok Baban Mhatre ... Respondent
Mr.A.S. Shitole, APP, for Appellant
None for Respondent
CORAM: D.G. DESHPANDE &
SMT.NISHITA MHATRE,JJ.
DATED: JUNE 20, 2007
P.C.:
. Heard the learned APP. Leave granted in
Application No.544 of 2007 and Appeal No.180 of 2007 is
admitted. Since the accused is already convicted for
the offence of kidnapping, at present we are not
ordering the action under section 390 of the Criminal
Procedure Code. The learned APP to verify whether the
accused had challenged his conviction before the
Sessions Court.
2. Put up after two weeks.
(SMT.NISHITA MHATRE, J.) (D.G. DESHPANDE, J.)
1 issue framed by the court
Whether the impugned conviction of kidnapping could be considered in proceedings under Section 390 CrPC.
1 provisions across 1 enactments
The State of Maharashtra
Ashok Baban Mhatre
D.G. Deshpande
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court