High Court dismissed a writ petition for quashing as the petitioners had an efficacious alternative remedy of filing a revision application before the Sessions Court under Section 156(3) CrPC.
Petition for quashing dismissed due to availability of alternative remedy; parties directed to approach Sessions Court for revision.
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.
suresh
41-WP-1814.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
WRIT PETITION NO.1814 OF 2014
Deepak Sampat Kadam
& Ors..... Petitioners
Vs.
The State of Maharashtra
& Ors..... Respondents
Mr. D.S. Manerkar and Mr. S.D. Bhujbal
for the Petitioners.
Ms M.H. Mhatre, APP, for the State.
CORAM: V.M. KANADE &
P.D. KODE, JJ.
DATED: JUNE 10, 2014
P.C:
Thepetitionershavealternate
efficacious remedy of challenging the order
passed by the learned Magistrate under Section
156(3) of the Cr.P.C. by filing a revision
application before the Sessions Court. In view
of this, we are not inclined to entertain this
petition at this stage. The petition is
Page 1 of 2
suresh 41-WP-1814.2014
dismissed. The Sessions Court may consider the
revision application of the petitioners that
may be filed on its own merit and in accordance
with law, uninfluenced by the fact that this
Court has dismissed their petition for
quashing. All contentions are kept open.
(P.D. KODE, J.) (V.M. KANADE, J.)
Page 2 of 2
2 issues framed by the court
Whether the petition for quashing under writ jurisdiction is maintainable given the existence of an efficacious alternative remedy via revision before the Sessions Court.
Whether the High Court should entertain a writ petition when a statutory revision remedy under Section 156(3) CrPC is available.
1 provisions across 1 enactments
Deepak Sampat Kadam & Ors
The State of Maharashtra & Ors
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court