High Court Bench rejected Cr.Appln.292/15 holding a triable case existed based on prosecution material but declined to appreciate evidence suo moto. Appeal against trial court proceedings dismissed.
Rejected the application. Granted liberty to file for discharge before Trial Court within four weeks if so desired.
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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Cr.Appln.292/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.292/2015
Mohsin Ayub Bagwan & others.
...Applicants..
Versus
The State of Maharashtra & another.
...Respondents...
.....
Shri A.S. Shaikh, Advocate for applicants.
Smt.P.J. Bharad, APP for respondent no.1.
.....
CORAM: S.S. SHINDE &
A.M. BADAR, JJ.
DATE: 23.01.2015
ORDER :
1] Heard learned counsel for the applicants.2]Perused the material placed on record and in
particular the allegations in the complaint and
statements of the witnesses. In our opinion, a triable
case appears to be there. The trial Court can proceed
on the basis of material collected by the prosecution.
Appreciation of evidence in inherent jurisdiction of this
Court is not expected. In that view of the matter, the
application stands rejected with liberty to the
Cr.Appln.292/15 - 2 -
applicants to file application for discharge, if they so
desire, in case the charge is not yet framed, before the
trial Court. In case such an application for discharge
is filed within four weeks from today, such application
be decided by the concerned Court as expeditiously as
possible and preferably within three months from the date
of filing of such application.
ndk/ cr231158.doc
2 issues framed by the court
Whether a triable case exists in the facts and allegations disclosed on the complaint.
Whether the High Court has jurisdiction to appreciate evidence suo moto in this criminal proceeding.
The State of Maharashtra
S.S. SHINDE
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court