The Court dismissed a writ petition challenging the refusal of process in a criminal case by the Sessions Judge. The Court held the petition was not maintainable as the underlying civil revision regarding the compromise decree had been previously rejected.
Dismissal of the writ petition.
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.
WP 1187.03.sxw
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL WRIT PETITION NO. 1187 OF 2003
Mr. Dilip Tukaram Jagtap.
... Petitioner.
V/s.
Vijay Dasharath Kognole & Ors.
... Respondents.
Mr. S.V. Sadavarte for the Petitioner. Mr. Rajesh More, APP for the State.
CORAM : K.U. CHANDIWAL, J.
DATED : 14th SEPTEMBER 2011.
P.C. :-
Heard learned Counsel for the Writ Petitioner extensively. He questions the order of refusal of process recorded on 26.3.2003 by the learned Sessions Judge at Kolhapur in Criminal Case No.12 of 2002.
2 WP 1187.03.sxw
accepted before this Court, Writ would not be maintainable and the learned Sessions Judge was justified in refusing process in Criminal Case No.12 of 2002. The Writ Petition lacks merit. Dismissed.
(K.U. CHANDIWAL,J.)
2 issues framed by the court
Whether the writ petition challenging the refusal of process in a criminal case concerning alleged manipulation of municipal record is maintainable when the underlying civil revision was rejected.
Whether the learned Sessions Judge was justified in refusing the process in Criminal Case No.12 of 2002.
JPP
Vijay Dasharath Kognole & Ors.
KU Chandiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
