Dismissed

Balu Baburao Mule and Ors. v. the State of Mah

Bombay HC23 Apr 2012WP/346/2012

Case brief

AI extract

What is this about?

In a criminal writ petition seeking quashment of charges under IPC 328, 273, and Bombay Prohibition Act, the Court disposed of the petition without deciding on merits. It directed petitioners to approach the Magistrate under Section 209 CrPC to determine if the case is triable by Sessions Court.

What did the court decide?

Petition disposed of; petitioners permitted to approach Magistrate under Section 209 CrPC.

Balu Baburao Mule and Ors. Vs the State of Mah — Criminal Trial and Appeal | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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Criminal Writ Petition No. 346 of 2012

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Balu S/o Baburao Mule and others.

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Petitioners

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V E R S U S

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The State of Maharashtra

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Respondent

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Mr. R.M. Pardeshi, Advocate for the petitioners
Mr. S.B. Pulkundwar, APP for the respondent / State

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CORAM : A.V. NIRGUDE, J.
DATE : 23rd April, 2012

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PER COURT :

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The petitioners are the accused in Crime No. 124 of
2011 registered with Georai Police Station, Dist. Beed
for the offences punishable under Sections 328, 273 r/w
Section 34 of the Indian Penal Code and under Sections
65, 81 and 83 of the Bombay Prohibition Act. The police
after registration of crime completed investigation and
sent the charge sheet against the petitioners in the
Court of Judicial Magistrate, First Class, Georai. Case
is still pending before the learned Magistrate.

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2.The petitioners now suggested that even if the
complaint is taken to be truthful, no offence punishable

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under Sections 328 and 273 r/w Section 34 of the Indian
Penal Code is made out. He sought quashment of these
charges by filing this Petition.

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3.Without expressing any view on the submission of the
learned counsel appearing for the petitioners, I
suggested the learned counsel that the petitioners should
approach learned Magistrate with a request that since
offence punishable under Section 328, (which is triable
by Sessions Court) is not seen to have been committed
prima facie, he should refuse to commit the case under
Section 209 of Criminal Procedure Code to the Court of
Sessions. The learned Magistrate is empowered to take a
view that certain case is not triable by Sessions Court.
Section 209 of Criminal Procedure Code allows him to
examine as to whether the case is exclusively tribal by
the Court of Sessions or not.

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4.In view of this, Petition stands disposed of. The
petitioners are permitted to approach the learned
Magistrate by making appropriate application under
Section 209 of Criminal Procedure Code.

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 ( A.V.NIRGUDE, J. )

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SGA/

Balu Baburao Mule and Ors. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Balu Baburao Mule and Ors. v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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