High Court held that a writ petition challenging a Sessions Court judgment was not maintainable as the petitioner had an efficacious alternate remedy of filing an appeal under Section 372 CrPC.
Writ petition dismissed reserving right to exhaust alternate remedy of appeal under Section 372 CrPC.
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.
12-wp-956-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.956 OF 2014
Mrs. Sunanda Kulwant Sing
and Others...Petitioners
vs.
State of Maharashtra
and Others...Respondents
None for Petitioner.
Mrs. M.H. Mhatre, A.P.P., for the State.
CORAM : V.M. KANADE &
P.D. KODE JJ.
DATE : SEPTEMBER 25, 2014
P.C.:
.The petitioners are seeking an appropriate
writ, order and direction for quashing the judgment
and order passed by the Sessions Court in Sessions
Case No. 453 of 2007.
2.In our view, writ petition is not
maintainable since the petitioner has an alternate
efficacious remedy of filing an appeal under
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Vishal Parekar
12-wp-956-2014
section 372 of Code of Criminal Procedure against
the judgement and order of the Sessions Court dated
18th March, 2013.
3. Writ petition is therefore, dismissed reserving the right of the petitioners to exhaust an alternate remedy available to her.
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Vishal Parekar
1 issue framed by the court
Whether a writ petition seeking quashing of a Sessions Court judgment is maintainable when an alternate remedy of appeal under Section 372 CrPC is available.
Mrs. Sunanda Kulwant Sing and Others
State of Maharashtra
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court