The High Court dismissed a petition under criminal writ jurisdiction challenging an order of acquittal. The petitioner, who initiated a complaint in 2010, was found to be absent for four years, warranting the acquittal. The court found no grounds to set aside the order.
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.
1 8) wp171-17.doc
SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.171 OF 2017
Salman Hayyul Momin ..Petitioner. V/s.
Ashok Panditrao Atigre & Ors. ..Respondents.
Mr.Abhijit M.Adagule for the petitioner.
Mr.S.S.Pednekar, APP for the respondent-State.
CORAM: NITIN W.SAMBRE, J.
DATE : MARCH 14, 2018
P.C.:-
Respondent No.1-accused in a complaint case No.206/
2010 was acquitted for offences punishable under sections 324, 504 and 506 of the Indian Penal Code pursuant to the provisions of section 245 (2) of the Code of Criminal Procedure. The learned Magistrate observed that the petitioner-complainant remained absent consistently for a period of four years.
said order came to be dismissed on November 16, 2016. As such
2 8) wp171-17.doc
this petition.
reason the petitioner remained absent before the Magistrate which warranted him to pass the order of acquittal.
3 8) wp171-17.doc
material to examine the said ground with the present material.
consideration. The petition is accordingly dismissed.
( NITIN W.SAMBRE, J. )
2 issues framed by the court
Whether the petition in criminal writ jurisdiction warrants consideration despite the petitioner's consistent absence for four years.
Whether the impugned order of acquittal allows for modification given the petitioner's failure to appear.
3 provisions across 2 enactments
Salman Hayyul Momin
Ashok Panditrao Atigre
Nitin W.Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
