Disposed

Ramesh Dhondbaji Nagdeve and Others v. State of Mah. Thr. Pso, Tumsar and Another

Bombay HC7 Mar 2013APL/106/2012

Case brief

AI extract

What is this about?

The High Court at Nagpur held it lacked jurisdiction in warrant trial cases pending charge sheets. The Court disposed of the connected Criminal Applications, permitting the prosecution to file charge sheets and directing applicants to seek discharge before the trial Magistrate.

What did the court decide?

Criminal Applications disposed of; prosecution permitted to file charge sheets; applicants at liberty to apply for discharge before trial Magistrate.

Ramesh Dhondbaji Nagdeve and Others Vs… — Constitutional and Fundamental Rights | Bombay HC (2013)

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1 7.3.apl106.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL APPLICATION [APL] NO.106 OF 2012

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[Ramesh Dhondbaji Nagdeve and others .vrs. The State of Maharashtra and one] with

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CRIMINAL APPLICATION [APL] NO.281 OF 2012

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[Amranath s/o Jivanlal Ragde .vrs. The State of Maharashtra and one]

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - Shri Amol Mardikar, Advocate for Applicants in APL No.160/2012, Shri K.S. Motwani, Advocate for Applicant in APL No.281/2012, Shri T.A. Mirza, APP for Respondent no.1-State in both the cases, Shri K.V. Bhoskar, Advocate for Respondent no.2 in both the cases.

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CORAM : A.P. LAVANDE AND

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A.B. CHAUDHARI, JJ.

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DATED : MARCH 07, 2013.

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Heard.

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In Criminal Application (APL) No.106/2012, this court had put rider on the prosecution agency not to file charge sheet without the permission of the court, vide order dated 17.2.2012. Criminal Application (APL) No. 281/2012 is the connected matter and the same course has been followed by the prosecution agency, namely, not to file the charge sheet.

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Shri Mirza, learned A.P.P. for the respondent-State states that an affidavit filed by him today shows that the investigation agency has completed the investigation and

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2 7.3.apl106.12.odt

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are on the verge of filing the charge sheet, but they could not file the same due to the interim order passed by this court.

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We have heard the learned counsel for the rival parties.

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Looking to the nature of the offences and the facts involved in registration of the offences alleged against the applicants in both the criminal applications, we are of the opinion that these two cases cannot be examined by us in the present jurisdiction for finding out, whether the applicants are prima facie involved in the offences alleged against them. In our opinion, the best possible course open to the applicants, would be to apply to the concerned Magistrate or the concerned Court for discharge, since both the cases are warrant trials and that could be done only after the prosecution files the charge sheets in both the cases. Accordingly, we make the following order :

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O R D E R

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Criminal Application (APL) No.106/2012 and Criminal Application (APL) No.281/2012 are disposed of permitting the prosecution agency in both the cases to

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3 7.3.apl106.12.odt

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file the charge sheets in appropriate Court.

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The applicants are at liberty to file the application for discharge before the trial Magistrate, who shall then consider the application, if any, made and pass order according to law.

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Both the criminal applications stand disposed of accordingly.

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In view of disposal of above main

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applications, other applications also stand disposed of.

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JUDGE

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JUDGE

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Gulande

Ramesh Dhondbaji Nagdeve and Others v. State of Mah. Thr. Pso, Tumsar and Another

Case brief

What is this about?

What did the court decide?

Ramesh Dhondbaji Nagdeve and Others v. State of Mah. Thr. Pso, Tumsar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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