The High Court dismissed a criminal writ petition withdrawn by the petitioner's counsel, clarifying that the Magistrate shall try the case on evidence without being influenced bySessions Court observations.
Options withdrawn with court澄清ing the Magistrate shall not be influenced by Sessions Court observations.
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.
1/2 (18)WP-39-12
Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No.39 of 2012
Subhash Bhairu Khot ... Petitioner versus Dastgir Badshaha Khalifa and Anr ... Respondents
Mrs.Shachee Jagtap i/b Mr.Vijay Killedar, Advocate for the petitioner.
Mrs.S.D.Shinde, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : JULY 15, 2013
P.C.
1 Heard Ms.Shachee Jagtap, learned counsel for the
petitioner.
2 In the course of arguments, the learned counsel submits that she would not press the present petition, and proceed further with the matter pending in the Magistrate’s Court. She, however, submits that it may be clarified that the learned Magistrate shall not be carried away by any observations made by the Court of Sessions while allowing the revision filed by the original complainant – respondent no.1 herein.
2/2 (18)WP-39-12
3 Since in the revision, the Sessions Court has dealt with only a limited question as to whether a case for framing of charge was made out, and since the order of the Sessions Court is based only on this aspect, it is needless to state that in case the trial proceeds before the learned Magistrate, he shall adjudicate the same on the basis of evidence as may be adduced and in accordance with law, without being influenced, in any manner, by any of the observations by the Sessions Court in its order passed on the aforesaid revision application.
4 Petition is allowed to be withdrawn and stands dismissed with the aforesaid observations.
( ABHAY M.THIPSAY,J )
Subhash Bhairu Khot
Dastgir Badshaha Khalifa and Anr
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
