Criminal Application filed by Rajesh Darshanlal Bindra. Court held that since no allegations of causing hurt or criminal intimidation were made against the applicant and no case was made out, Magistrate should not have issued process. Bail prayer allowed.
Criminal Case No. 193/SW/2013 dismissed qua the present applicant.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 106 OF 2015
Rajesh Darshanlal Bindra
… Applicant
Versus
The State of Maharashtra and anr. … Respondents
Mr. Prasad P. Pathare for the applicant.
Smt. V.S. Mhaispurkar, A.P.P. for State.
Mr. Kanishk Jayant for respondent no. 2.
CORAM : M.L. TAHALIYANI, J. DATED : MARCH 23, 2015
P.C.
Heard learned counsel for the parties. Perusal of the
complaint does not show that there are allegations of causing hurt or
criminal intimidations against the present applicant. In fact no case was
made out against the present applicant. Learned Magistrate should not
have issued process against the present applicant. In view thereof, I
pass the following order :
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Criminal Case No. 193/SW/2013 pending in the court of
Metropolitan Magistrate, 51st Court, Kurla, Mumbai is dismissed qua the present applicant. This order shall not affect, in any manner, the
case of the other accused in the said proceeding.
(JUDGE)
1 issue framed by the court
Whether process should be quashed when no case is made out against the applicant and no allegations of hurt or intimidation exist.
Rajesh Darshanlal Bindra
The State of Maharashtra
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
