Criminal Application regarding a charge sheet under IPC 408. The High Court held the applicant has a remedy before the appropriate court, disposed of the petition keeping the remedy open, and kept merits open.
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-278.16.odt
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.278 OF 2016
Kavita Hari Gawai … Applicant Vs. State of Maharashtra and Anr. … Respondents
Mr. Ram Pandey for the Applicant. Mrs. S.V. Sonawane, APP for the Respondent No.1.
CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.
DATE : 12th JANUARY, 2017
P.C.
1 Admittedly, charge sheet has been filed for the offence punishable under Section 408 of the Indian Penal Code. The learned counsel appearing for the applicant is seeking leave to amend for quashing the charge sheet on merits and not on the ground of settlement.
2 The Applicant has a remedy available before the appropriate Court. Hence, we dispose of the Petition by keeping the said remedy open. All contentions on merits are kept open.
(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)
1 of 1
1 issue framed by the court
Whether to grant leave to amend the application for quashing the charge sheet on the ground of settlement.
1 provisions across 1 enactments
Kavita Hari Gawai
State of Maharashtra
A.S. OKA
Anuja Prabhudesai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
