This writ petition challenges a single judge order rejecting the First Informant's application to initiate proceedings, noting it was made by the petitioner against the accused regarding foreign travel permission misuse.
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.
(6)WPNo.39842019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3984 OF 2019
Ronak Bhavesh Kansara ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Ms.Swapna P.Kode, Advocate for the Petitioner.
Mr.A.R.Kapadnis, APP for the Respondent/State.
None for the Respondent No.2.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2019.
P.C.:
1Heard both sides.
2I see no merits in this petition filed by the First
Informant against the accused.
3The accused had applied for visiting the foreign
country for work purpose. The permission as sought for was
granted to him by the learned Metropolitan Magistrate. However,
the accused could not avail that permission and he did not visit
any foreign country in pursuant to that permission.
1/2
Gaikwad RD
(6)WPNo.39842019.odt
4The prosecution then filed an application for initiating
criminal proceedings against the accused for offence punishable
under Chapter XVIII of the Indian Penal Code. The said
application came to be rejected by the learned Metropolitan
Magistrate. The State has not challenged the said Order. The
challenge to that Order at the behest of the First Informant is
totally unmerited. In view of the observations of the learned trial
Court, it is not expedient in the interest of justice to take action as
contemplated under Section 195 of the Code of Criminal
Procedure.
5The Petition is, therefore, rejected.
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Gaikwad RD
1 issue framed by the court
Whether permission of the Court under Section 195 of CrPC is required to challenge the Metro Magistrate's order rejecting application to file FIR.
1 provisions across 1 enactments
Ronak Bhavesh Kansara
The State of Maharashtra
Respondent No.2
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court