This court quashed an inadvertently issued summons against the applicant, who was accused no. 3 but not charged or called for, by disposing of Criminal Application No. 3575 of 2010.
Summons dated 26/12/2007 against the applicant was quashed and set aside.
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.
-: 1 :-
srp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPL. NO. 3575 OF 2010
Commander Jaswant Singh Sandhu. ..Applicant. Versus Chandubhai N. Patil & Ors. ..Respondents.
Mr. S. H. Mishra for the applicant. Mrs. Malika A. Ingale for R-1.
Coram : RANJIT MORE, J. Date : November 9, 2011 .
P. C. :
-: 2 :-
nos. 1 & 2. It is stated that summons was inadvertently issued to the applicant. Respondent no.1 at Exhibit-A to his affidavit, has annexed order dated 15/12/2011 passed by the MM. Perusal of this order makes it clear that no process is issued against original accused no.3 and therefore there is no prosecution as against him. In above circumstances, the petition deserves to be allowed in terms of prayer clause (a). Consequently, summons dated 26/12/2007, copy of which is annexed at Exhibit-A to the application is quashed and set aside. Application stands disposed of in above terms.
(RANJIT MORE, J.)
Commander Jaswant Singh Sandhu
Chandubhai N. Patil
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
