Dismissed

Sushila Mahadev Chaudhari v. the State of Mah and Anr.

Bombay HC15 Oct 2013APPLN/238/2013

Case brief

AI extract

What is this about?

High Court dismissed an inherent powers application quashing process issued by the Magistrate, noting an efficacious statutory remedy existed. The court allowed withdrawal with liberty to file revision in Sessions Court within one month, directing the Sessions Court to entertain it without limitation bar and stay Magistrate proceedings temporarily.

What did the court decide?

Application withdrawn and dismissed with liberty to file revision in Sessions Court within one month; Sessions Court to entertain without limitation bar; Magistrate proceedings stayed for one month.

Sushila Mahadev Chaudhari Vs the State of Mah and Anr. — Writ and Judicial Review | Bombay HC (2013)

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1 appln 238.13

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 238 OF 2013

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SUSHILA MAHADEV CHAUDHARI

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VERSUS THE STATE OF MAH AND ANR

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Advocate for Applicant : Mr. M G Kolse Patil APP for Respondents: Mr. G.R.Ingole Mr.Hemant Pawar h/f Mr. B T Bodkhe advocate for R/2

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CORAM : ABHAY M. THIPSAY, J. Dated: October 15, 2013

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ORAL ORDER :-

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Heard.

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The applicant is aggrieved by the order dated 28.9.2012 passed by the learned Judicial Magistrate First Class, Ahmednagar, issuing process against her requiring her to answer to the charge of an offence punishable u/s 500 of the Indian Penal Code on the basis of a complaint filed by the respondent no.2 herein.

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According to the applicant, there were no sufficient grounds for proceeding against her, but, the Magistrate has still issued process.

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The order issuing process is amenable to the revisional jurisdiction of the Court of Sessions, but the applicant has directly approached this Court, invoking its inherent powers.

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2 appln 238.13

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Since an efficacious statutory remedy for challenging the impugned order is available to the applicant, I am not inclined to entertain the present application.

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When this view is expressed, the learned counsel for the applicant seeks permission to withdraw the application, stating that the applicant shall file an application for revision before the Court of Sessions.

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He further submits that, appropriate directions be given to the Court of Sessions to ensure that the revision application is entertained without raising the question of limitation.

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This submission is reasonable.

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Application is allowed to be withdrawn and stands dismissed as such, with liberty to the applicant to file an application for revision in the Court of Sessions, challenging the impugned order.

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In the event of such an application for revision being filed within a period of ONE MONTH from today, the Court of Sessions shall entertain the same and deal with it on merits, without raising the question of bar of limitation, and if necessary, by passing a formal order of condonation of delay.

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For a period of one month from today, further proceedings before the Magistrate shall be stayed.

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12. Application is disposed of in the aforesaid terms.

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( ABHAY M. THIPSAY, J. )

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aaa/-

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Sushila Mahadev Chaudhari v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Sushila Mahadev Chaudhari v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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