The Bombay HC Criminal Bench dismissed a criminal application filed under Section 482 CrPC seeking quashing of proceedings. The court directed the applicant to approach the Chief Metropolitan Magistrate under Section 410 CrPC for joint trial of related cross complaints instead.
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.
37-APL-367-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.367 OF 2015
Rambadan Ramadhar Singh ..Applicant. Versus State of Maharashtra & Anr. ..Respondents.
Mr. S.V.Marwadi, i/by Mr. Kartik S. Garg, advocates for applicant. Mrs. S.V.Sonawane, APP for the State.
Coram : RANJIT MORE & V. L. ACHLIYA, JJ. Date : 24th AUGUST, 2015 .
P. C. :
This application is filed under Section 482 of the Code of
Criminal Procedure, 1973 for quashing the proceedings being CC No.372/PW/2015 pending before the Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. Having gone through the charge-sheet, we find that no case for intervention in exercise of jurisdiction conferred under Section 482 of the Code of Criminal Procedure, 1973 is made out.
2 Mr. Marwadi the learned counsel for the applicant submits that pertaining to the same incident, another criminal case is pending before the Additional Chief Metropolitan Magistrate, 47th
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37-APL-367-2015.doc
Court, Esplanade, Mumbai. He submits that both the cases are in the nature of cross complaints. He requests that both the cases be tried and disposed of by the same Metropolitan Magistrate.
3 We are of the view that the applicant in this regard can approach learned Chief Metropolitan Magistrate under Section 410 of the Code of Criminal Procedure, 1973. In the event, such an application is preferred by the applicant, the learned Chief Metropolitan Magistrate shall dispose of the said application independently, on its own merits and expeditiously.
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2 issues framed by the court
Whether the applicant was correct in filing a quashing application under Section 482 CrPC regarding jurisdiction for joint trial of cross complaints.
Whether the applicant can approach the learned Chief Metropolitan Magistrate under Section 410 CrPC for transfer or joint trial.
2 provisions across 1 enactments
Rambadan Ramadhar Singh
State of Maharashtra
Anr.
RANJIT MORE
V. L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
