Dismissed

C.K. Chavan and Ors. v. the State of Maharashtra and Anr.

Bombay HC17 Sept 2008APPLN/990/2008

Case brief

AI extract

What is this about?

In Criminal Application No.990 of 2008, the High Court of Bombay dismissed an application under section 482 CrPC seeking quashing of a Magistrate's order issuing process. The Court held that since process had been issued, a Revision Application under section 397 CrPC was available, disposed of the current application keeping merits open, and instructed the Sessions Court to note the pendency of th

What did the court decide?

Application dismissed; remedy of filing a Revision Application under section 397 CrPC kept open; merits expressly kept open.

----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’sCourt’s or Judge’s orders. orders or directions and Registrar’s orders.

1.The learned APP has produced for my perusal a copy of the report filed by the Investigating Officer before the learned Magistrate claiming ‘B’ summary. The learned Counsel appearing for the Applicants pointed out that notwithstanding the said report, by order dated 16th May 2008, the learned Magistrate has issued process against the Applicants for offences under sections 415, 416, 420, 463, 464, 468, 470, 471, 474 read with section 34 of the Indian Penal Code.

2.The prayer in this Application under section 482 of the Code of Criminal Procedure, 1973 is for quashing the order passed by the learned Magistrate under section 156(3) of the Code of 1973 on a private complaint filed by the second Respondent. As pointed out earlier, now process

has been issued by the learned Magistrate. Therefore, a remedy of filing a Revision Application under section 397 of the said Code is available to the Applicants. The contentions which are raised in this Application on merits of the complaint can be always raised by the Applicants in the Revision Application.

4.If such Revision Application is filed, the concerned Sessions Court is bound to consider the fact that this Application was filed on 29th March 2008 which remained pending on the date on which process was issued and that the same has been disposed of today.

C.K. Chavan and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

C.K. Chavan and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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