Partly allowed

Khairunissa Akbar Shaikh v. the State of Maharashtra

Bombay HC21 Mar 2016APPP/813/2014

Case brief

AI extract

What is this about?

Court dismissed non-prosecution application Cr. App. 813/2014 due to non-appearance, allowing it on restoration. In main application Cr App 249/2014 under S 482 CrPC, court declined to entertain charge sheet challenge as discharge remedy was available, granting liberty to pursue it.

What did the court decide?

Application dismissed by granting liberty to applicant to adopt suitable remedy of filing for discharge.

Khairunissa Akbar Shaikh Vs the State of Maharashtra — Criminal Trial and Appeal | Bombay HC (2016)

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APPP.813.2014

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.813 OF 2014 IN CRIMINAL APPLICATION NO.249 OF 2014

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Smt.Khairunissa Akbar Shaikh Applicant versus The State of Maharashtra Respondent Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Ms.Suvarna Avhad Vast for applicant. Dr.F.R.Shaikh for State. CORAM : A.S.OKA AND P.D.NAIK, JJ. DATE : 21^st March 2016 PC :- Heard learned counsel for the Applicant and learned APP for the State. Criminal Application for quashing filed by the Applicant has been dismissed for non prosecution as none appeared for the Applicant. Perused the application. Sufficient cause for restoration is made out. Criminal Application No.813 of 2014 is allowed in terms of prayer clause (b).

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(P.D.NAIK, J.) (A.S.OKA, J.)

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MST

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APPP.813.2014

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.249 OF 2014

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Smt.Khairunissa Akbar Shaikh Applicant versus The State of Maharashtra Respondent Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Ms.Suvarna Avhad Vast for applicant. Dr.F.R.Shaikh for State. CORAM : A.S.OKA AND P.D.NAIK, JJ. DATE : 21^st March 2016 PC :- 1. Prayer in this criminal application under section 482 of the Code of Criminal Procedure, 1973 (for short`Code') is for challenging the charge sheet. It is well settled that the remedy under section 482 of the Code is not as a matter of right. Power under section 482 of the Code has to be exercised sparingly. In this case, a remedy of making an application for discharge is available to the Applicant. Hence, we decline to entertain this application. The application is disposed of by granting liberty to the Applicant to adopt suitable remedy. (P.D.NAIK, J.) (A.S.OKA, J.)

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MST

Khairunissa Akbar Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Khairunissa Akbar Shaikh v. the State of Maharashtra

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

Case details

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