This Court rejected two criminal applications. The applicant in one case sought quashing of an order dismissing a complaint alleging Section 447 IPC, citing a pending civil dispute. The Court disagreed, finding no error in the Sessions Court's reasoning.
Both Criminal Applications No. 667 and 843 of 2018 stand rejected.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 667 OF 2018
Mr.Javed Khatun Amir Khan
...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
WITH CRIMINAL APPLICATION NO. 843 OF 2018
Ms.Cynthia Fernandes
...Applicant
Versus
Mrs.Rukia Khatun Amir Khan & Ors.
...Respondents
Mr.K.B.Rajput for the Applicant in APL No. 667 of 2018 and for Respondent Nos. 1 to 5 in APL No. 843 of 2018.
Mr.J.M.Shetty i/b. Mr.Birendra Kumar for the Applicant i.e., original complainant, in APL No. 843 of 2018 and for Respondent No.2 in APL No. 667 of 2018
Mrs.G.P.Mulekar, APP for the Respondent -State.
CORAM : S.S. SHINDE, J. DATE : 16th SEPTEMBER 2019
P.C.:
Trupti
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attention of this Court to the averments made in the complaint and also accompaniments of the said complaint, and submits that the learned Magistrate after applying his mind and verification, issued the process. However, learned Additional Sessions Judge, City Civil & Sessions Court, Mumbai without application of mind and in excess of jurisdiction vested in him entered upon the merits and quashed and set aside the order passed by the learned Magistrate. Hence, he prays that Criminal Application No. 843 of 2018 may be allowed.
Trupti
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Trupti
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(S.S. SHINDE, J.)
Trupti
3 issues framed by the court
Whether the Sessions Court correctly quashed the Magistrate's order by determining that civil allegations did not disclose a crime under section 447 IPC.
Whether allegations of civil dispute pending before Civil Court prevent the quashing of criminal proceedings.
Whether the findings of the learned Sessions Judge require interference on revision.
Javed Khatun Amir Khan
Cynthia Fernandes
The State of Maharashtra
Rukia Khatun Amir Khan
S.S. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
