The High Court held that writ petitions challenging show cause notices for forfeiture of bond deposits under Cr.P.C. were not maintainable at that stage, as the petitioners had liberty to reply and avail statutory remedies.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.560 OF 2008
Mohd. Ejaz Mohd. Shafi Ansari ... Petitioner
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mr. A.S. Gadkari, A.P.P. for the State.
WITH
Mrs. Atharunnisa Mohd Shafi... Petitioner
Ansari
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mrs. S.D. Shinde, A.P.P. for the State.
WITH
Mohd. Shafi Mohd. Nazir Ansari ... Petitioner
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mr. D.S. Mhaispurkar, A.P.P. for the State.
P.C. :-
1.In all these petitions the grievances are
2
common namely the show cause notices issued for
forfeiture of the deposit amount paid for a bond
executed under Section 117 of Cr.P.C. The said
notice has been issued under Section 122-B of
Cr.P.C. on 10/8/2007.
2.Undoubtedly, the petitioners have liberty
to reply the said show cause notice and if any
adverse order is passed against them, they may
have a statutory remedy of filing a criminal
revision application before the Sessions Court.
3.Therefore, we do not find any reason to
entertain these petitions, at this stage.
4.Petitions are therefore rejected.
( B.H. MARLAPALLE, J.)
( R.Y. GANOO, J.)
2 issues framed by the court
Whether writ jurisdiction can be entertained at the stage of issuance of show cause notices for forfeiture of bond deposit under Section 122-B Cr.P.C.
Whether the remedy available under Section 117 Cr.P.C. and section 482 Cr.P.C. excludes the writ jurisdiction of this Court.
2 provisions across 1 enactments
Mohd. Ejaz Mohd. Shafi Ansari
Mrs. Atharunnisa Mohd Shafi Ansari
Mohd. Shafi Mohd. Nazir Ansari
State of Maharashtra
B.H. Marlapple
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court