Disposed

Prakash S/O Marotrao Kolhe v. State of Maharashtra, Thr. Secretary, Department of Home, Mumbai and Others

Bombay HC15 Dec 2016APPP/1569/2016

Case brief

AI extract

What is this about?

This Court clarified that a stay order in a quashing proceeding does not prohibit the trial court from deciding an application for property release on merits. Consequently, rejection of such an application can be challenged via revision, even if a pending Section 482 CrPC petition remains undecided.

What did the court decide?

Liberty granted to the applicant to challenge the order rejecting release of property by filing a revision before the competent court.

Prakash S/O Marotrao Kolhe Vs State of Maharashtra, Thr. Secretary, Department of Home, Mumbai and Others — Bombay HC (2016) — LawSathi Research

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1 appp1569.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL APPLICATION (APPP) NO.1569 OF 2016

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CRIMINAL APPLICATION (APL) NO. 262 OF 2016.

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(PRAKASH MAROTRAO KOLHE ..VS.. STATE OF MAH. THR. SECRETARY HOME & 3 OTH.)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri R.S.Vyas, Advocate for Applicant.

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Shri J.Y.Ghurde, A.P.P. for Respondent Nos.1 to 4.

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CORAM : B.P.DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

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DATED : DECEMBER 15, 2016.

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Heard Advocate Shri Vyas for the applicant.

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The learned A.P.P. who represents the nonapplicants is occupied in other Court, however, his colleague Shri Ghurde has assisted the Court.

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Present Criminal Application is to clarify order dated 18/04/2016.

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By that order this Court has admitted Criminal Application No. 262 of 2016, challenging First Information Report, for final hearing and further proceedings are stayed. It is not in dispute that chargesheet has thereafter been presented, but because of the stay granted by this Court Regular Criminal Case has not proceeded further. The present applicant moved application under Section 357 of the Code of Criminal Procedure seeking supratnama and it has been rejected.

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2 appp1569.16

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Advocate Shri Vyas submits that the main ground of rejection is stay to the proceedings in Regular Criminal Case granted by this Court. He, however, clarifies that there are certain observations on merits also.

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The learned A.P.P. submits that order rejecting supratnama on merits cannot be questioned before this Court and appropriate proceedings under Section 397 of the Code of Criminal Procedure should have been filed.

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Shri Vyas submits that challenge under Section 482 of the Code of Criminal Procedure because of refusal to exercise jurisdiction and also on merits is pending before learned single Judge of this Court.

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In this situation, we find that the order dated 18/04/2016 stays proceedings in Regular Criminal Case on merits but appropriate interlocutory orders could have been passed therein. The application for release on supratnama, if maintainable, could have been looked into on merits by the learned J.M.F.C. The order passed by this Court on 18/04/2016 in Criminal Application No. 262 of 2016 does not prohibit that course.

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Shri Vyas, at this stage, submits that in view of this clarification the order of trial Court to the extent it rejects release of property on supratnama on merits can be assailed by the petitioner by filing revision before the competent Court. As the proceedings under Section 482 of the Code of Criminal Procedure are not before us, we refrain from making any observation in that respect.

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3 appp1569.16

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With these observations and with liberty to the applicant to take such other steps as are open in law, we dispose of the criminal application.

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JUDGE

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JUDGE

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RRaut..

Prakash S/O Marotrao Kolhe v. State of Maharashtra, Thr. Secretary, Department of Home, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Prakash S/O Marotrao Kolhe v. State of Maharashtra, Thr. Secretary, Department of Home, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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