The Court refused to entertain an application challenging the legality of criminal proceedings because the applicant had delayed filing it by five years and had no charge framed. The applicant was directed to seek discharge from the Magistrate instead.
The criminal application is rejected.
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.
Cri.Appln.2509.13.odt
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2509 OF 2013
Balaji S/o Narayan Pawar
and others.
Applicants.
versus
The State of Maharashtra
and another.
Respondents.
Shri V.G. Salgare, advocate for the applicants.
Shri V.P. Kadam, APP for the respondent No.1.
===
CORAM : ABHAY M.THIPSAY, J.
DATE : 8th October, 2013
ORAL ORDER :-
Cri.Appln.2509.13.odt
2
[ ABHAY M. THIPSAY, J. ]
****
sga/-
1 issue framed by the court
Whether a criminal application challenging the legality of proceedings can be entertained when the charge has not yet been framed after a significant delay.
Balaji S/o Narayan Pawar and others
The State of Maharashtra and another
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court