The High Court of Judicature at Bombay declined to entertain a criminal application seeking quashing of the charge sheet under Section 482 CrPC, directing the applicants to raise the lack of case before the trial court instead.
Application under Section 482 CrPC declined; remedy open before trial court.
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.
apl-52-14.doc
rpa 1/1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.52 OF 2014
Office Notes, Office Memorandam of appearances, Court's or Judge's orders Court's orders or directions & Registrar’s orders.
Mr. Kakasaheb J. Tandel, Advocate for the Applicants. Dr. F.R. Shaikh, APP for the Respondent No.1.
CORAM : A.S. OKA AND P.D. NAIK, JJ.
DATED : APRIL 25, 2016.
P.C.
Heard the learned counsel appearing for the applicants. The submission of the learned counsel appearing for the applicants is that if the entire charge sheet is perused, there is no case made out to proceed against the applicants. This contention can be raised by the applicants by filing appropriate application before the trial Court. Hence, we declined to entertain this application under Section 482 of the Code of Criminal Procedure, 1973. However, the remedy of the applicants before the concerned Court is expressly kept open. All contentions on merits are kept open.
1 issue framed by the court
Whether the Criminal Court should quash the charge sheet based on the lack of case made out against the applicants.
1 provisions across 1 enactments
Applicants
Respondent No.1
A.S. Oka
P.D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
