The court dismissed a criminal appeal filed under Section 341 of the CrPC challenging an order of the Maharashtra Administrative Tribunal. Holding that no appeals lie from final orders of the MAT, the court declared the appeal non-maintainable and disposed of it without examining merits.
The appeal is dismissed as it is not maintainable.
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.
22-APPA-228-2014-APEALST-125-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.228 OF 2014 IN CRIMINAL APPEAL (ST.)NO.125 OF 2014 WITH CRIMINAL APPEAL (ST.)NO.125 OF 2014
SHRI A.S.POPHARE
)...APPLICANT
V/s.
SHRI SANJAY BHATIYA AND ORS. )...RESPONDENTS
Shri K.M.Sangani, Advocate for the Applicant. Shri B.B.Sharma, Advocate for Respondent No.1. Smt.M.R.Tidke, APP for the Respondent - State.
CORAM : ABHAY M. THIPSAY, J. DATE : 26th OCTOBER 2015.
ORAL ORDER :
1 Heard Shri K.M.Sangani, the learned counsel for the applicant / appellant.
2 This appeal has been filed under the provisions of Section 341 of the Code of Criminal Procedure (Code) challenging the order dated 5th September 2013, passed by the Maharashtra
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22-APPA-228-2014-APEALST-125-2014.doc
Administrative Tribunal (MAT), Mumbai, dismissing the applications filed by the applicant/appellant praying for initiation of an action against the respondents thereto, for having committed an offence punishable under Section 193 of the IPC, and thus, refusing to make a complaint under the provisions of Section 340 of the Code. Being aggrieved thereby, the applicant/appellant has filed the present appeal.
3 An appeal does lie from an order passed under the provisions of Section 340. Section 341 of the Code provides that,
any person on whose application any court other than High court has refused to make a complaint under sub-section (1) or subsection (2) of Section 340, or against whom such a complaint has
been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section(4) of Section 195. Sub-section (4) of Section 195 of the Code lays down that, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court.
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22-APPA-228-2014-APEALST-125-2014.doc
4 No appeals lie from the final orders passed by the MAT
to this court. As such, the MAT cannot be deemed to be subordinate to this court for the purposes of Section 341 of the Code.
5 The appeal from the said order, therefore, cannot lie to this court. As such, it cannot be entertained by this court.
7 Since I have considered the maintainability of the appeal, the application for condonation of delay is treated as having been allowed.
8 It is made clear that no decision on the merits of the matter has been taken, and it shall be open for the appellant to pursue any other remedy, as may be available to him in law, for the redressal of his grievance.
(ABHAY M. THIPSAY, J.)
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22-APPA-228-2014-APEALST-125-2014.doc
CERTIFICATE
Certified to be true and correct copy of the original
signed Judgment / Order.
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2 issues framed by the court
Whether an appeal under Section 341 of the CrPC lies against an order of the Maharashtra Administrative Tribunal.
Whether the Maharashtra Administrative Tribunal is deemed subordinate to the High Court for the purposes of Section 341 of the CrPC.
4 provisions across 2 enactments
SHRI A.S. POPHARE
SHRI SANJAY BHATIYA AND ORS.
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
