In a criminal revision application, the Bombay High Court allowed the application, set aside an impugned order by a Metropolitan Magistrate, and remanded the case back to the Magistrate for hearing.
Impugned order dated 29-9-1999 set aside; case remanded to the Metropolitan Magistrate for hearing and decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION No. 133 OF 2000
The Regional Director, ) Employees State Insurance ) Corporation, Panchdeep Bhavan) Lower Parel, Mumbai-400 013. ) ... Applicant vs. 1. Mr. Shyam Bhatia, ) Proprietor of M/s.Hindustan Labels Unit No.3, 2nd Floor Ghanshyam Indl. Estate, ) Andheri (West), Mumbai-58 ) 2. The state of maharashtra ... Respondents Mr. H. V. Mehta, Addl. Public Prosecutor for the applicant. Mr. K. V. Saste, APP for the respondent No.2. CORAM : D. G. KARNIK, J. DATE : FEBRUARY 14, 2008 PC 1. Heard the learned Additional Public Prosecutor for the applicant and the learned APP for the respondent No.2 State. The counsel for the respondent No.1 is absent when called.
| 2. | The | learned | counsel for | the appli | cant su | bmits | |||
|---|---|---|---|---|---|---|---|---|---|
| that | the | facts | in | this | case | are | identical | with | the |
| facts | in | Crimi | nal | Revision | App | lication | No. | 131 | of |
the common order passed by the learned Magistrate and the said order has been set aside by the order passed
today by me in Criminal Revision Application No. 131
of 2000. Hence, I pass following order.
O_R_D_E_R
(i) Revision Application is allowed.
(ii) Impugned order dated 29-9-1999 in Case No. 57 of
1994, passed by the Metropolitan Magistrate 25th Court, Mumbai is set aside and the case is remanded back to
the learned Magistrate for hearing and decision in
accordance with law.
(iii) Rule is made absolute to the extent, as indicated
above.
The Regional Director, Employees State Insurance Corporation
Mr. Shyam Bhatia
The state of maharashtra
D. G. KARNIK
As recorded by the court registry
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