In a criminal revision application challenging a discharge order, the High Court noted that while revision in such cases is permissible, the applicant ought to have first approached the Sessions Court. Consequently, the revision is not admitted.
Revision is not admitted; applicant is at liberty to approach the Sessions Court.
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.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
947 CRIMINAL REVISION APPLICATION NO. 21 OF 2012
BEBABAI BHAGWAT PATIL VERSUS
THE STATE OF MAHARASHTRA AND ORS
Advocate for Applicant : Mr.Kazi Sabahat T. APP for Respondents: Mr.D.V.Tele
Mr. Suryawanshi Surendra V.adv for R/2 To 6,11,12,14 Revn Dismissed As Againstr.nos.7,13 & 15
... CORAM : T.V. NALAWADE, J. Dated: July 26, 2013
PER COURT :-
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 21 OF 2012
-2-
carefully gone through the order made by the Judicial Magistrate First Class. This Court is avoiding to make observations regarding the appreciation done by the Judicial Magistrate First Class. This Court is allowing the applicant to approach appropriate forum of Sessions Court to challenge the order of discharge.
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2 issues framed by the court
Whether a criminal revision application challenging an order of discharge can be entertained by the High Court if it could have been filed in the Sessions Court.
Whether the High Court can admit a revision application when the party should have first approached the appropriate forum of the Sessions Court.
Colour shows how this judgement treated each authority
Haryana Land Reclamation and Development Corporation Ltd Versus State of Haryana and anotherReferred¶9
Haryana Land Reclamation and Development Corporation Ltd Versus State of Haryana and another (1990) 3 Supreme Court Cases 588
BEBABAI BHAGWAT PATIL
THE STATE OF MAHARASHTRA
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
