Application for leave to appeal against an order discharging the respondent in a summons case alleging offense under Section 403 IPC was allowed to be registered as appeal and listed for final hearing.
Application seeking leave to appeal is allowed; matter to be registered as appeal and listed for final hearing.
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1 cri appln 203.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 203 OF 2010
Smt. Premlata Subhash Nabarai .. Applicant
Versus
Paras Shantilal Kankaria .. Respondent
Shri Pradip K. Palve, Advocate for the Applicant. Shri S. S. Shete, Advocate for the Respondent.
CORAM : S. S. SHINDE, J.
DATE : 27TH JANUARY, 2011.
PER COURT :
. Heard learned counsel appearing for the applicant and learned counsel appearing for the respondent. The counsel appearing for the applicant submits that, the Magistrate has no power to discharge the respondent while trying the summons case. The powers U/Sec. 245 of Cr. P. C. can be invoked only in warrant cases. The counsel for the applicant invited my attention to Section 2(w) and also Section 2(x) and also provisions of Section 403 of the Indian Penal Code and submitted
2 cri appln 203.10
that, in the case in hand only prosecution U/Sec. 403 of the I. P. Code is relevant. Therefore, the maximum sentence which can be given U/Sec. 403 is two years. Therefore, if the case is summons case and in which the maximum sentence can be given of two years in that case the Criminal Procedure Code provides a scheme of trial under the provisions of Section 251 to 259. Therefore, the counsel submits that this Court may grant leave to appeal against the impugned judgment and order passed by the Trial Court.
3 cri appln 203.10
learned counsel for the applicant. Therefore, the application seeking leave to appeal from judgment and order dated 16.11.2009 passed by the 6th J.M.F.C., Ahmednagar in R.C.C. No. 242/2002 is allowed and disposed of.
[S. S. SHINDE, J.]
bsb/Jan. 11
Smt. Premlata Subhash Nabarai
Paras Shantilal Kankaria
S. S. SHINDE
As recorded by the court registry
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