The High Court dismissed two criminal revision applications challenging an order setting aside the issuance of process against accused. The Court held the applications were not maintainable as the matter was sub judice pending before the Additional Sessions Judge for recording of evidence and verification.
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.
1/2
revn196-249-12.sxw
Pvr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.196 OF 2012
Shri.Sanjay Nana Ambre. …Applicant versus 1.Mr.Hukumsingh Rajpurohit & Ors. ...Respondents
AND
CRIMINAL REVISION APPLICATION NO.249 OF 2012
1.DINKAR Vithal Patil & Ors. …Applicants versus 1.Mr.Hukumsingh B.Rajpurohit & Ors. ...Respondents ---
Mr.Mr.M.R.Kocharekar & Mr.S.S.Redekar, for Applicants.
Mrs.A.A.Mane, APP for State.
Mr.Omkar Kulkarni, for Respondent nos.1 & 2.
CORAM : K.U.CHANDIWAL, J.
DATED : 6th November, 2012 P.C. :
Heard extensively. The learned Metropolitan Magistrate, 15th
Court, Mazgaon, Bombay, on 25.1.2012 directed issuance of porcess against accused nos. 1 and 2 for the offence under Section 406, 420, 468, 471 r/w. 34 of IPC. The matter was carried by the accused in the Criminal Revision no.87 of 2012. The learned Additional Sessions Judge on 2.4.2012 set aside the order dated 25.1.2012 of issuance of process against accused nos.1 and
2/2
revn196-249-12.sxw
Pvr
3 issues framed by the court
Whether criminal revision applications challenging the Additional Sessions Judge's order setting aside issuance of process are maintainable in revision when the matter is pending before the victim jud
Whether the High Court can entertain a revision application that has become sub judice in the court below.
Whether a challenge to the disposal of a miscellaneous application pending before the court below is maintainable in revision.
Shri.Sanjay Nana Ambre
Mr.Hukumsingh Rajpurohit
DINKAR Vithal Patil
Mr.Hukumsingh B.Rajpurohit
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
