Writ petition challenging dismissal of private complaint dismissed as revision under Section 397 CrPC is the efficacious remedy; petitioner not present. Court does not express opinions on merits or limitation.
Writ petition dismissed with liberty to prefer revision under Section 397 CrPC.
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910 CrWP 1740 20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
910 CRIMINAL WRIT PETITION NO.1740 OF 2020
NANDA D/O. SOPAN KARDILE @ NANDA W/O. DNYANDEO AHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Tapse Patil Pradeep V. (absent)
APP for Respondent : Mr. S. N. Morampalle.
CORAM: MANGESH S. PATIL, J.
DATE: 06.07.2021.
PER COURT :
The matter was called out in the first session. The original
complainant has approached this Court invoking the writ jurisdiction
challenging the order passed by the Magistrate under Section 203 of the
Code of Criminal Procedure dismissing the private complaint. When a query
was put to the learned advocate for the petitioner as to how the alternate
and efficacious remedy of Revision under Section 397 of the Code of
Criminal Procedure is not being invoked, the learned advocate sought time
till the recess.
2.The matter was again called out in the second session but the learned
advocate for the petitioner did not turn up and the matter was directed to
be kept at the bottom of the board. Though the matter is again called out at
the bottom of the board, the learned advocate for the petitioner is not
present.
3.Since the petitioner is seeking to impugn the order passed by the
Magistrate under Section 203 of the Code of Criminal Procedure dismissing
the private complaint which is a final order, a Revision under Section 397 of
the Code of Criminal Procedure would be the efficacious and alternate
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910 CrWP 1740 20.odt
remedy which she is expected to exhaust.
4. The Writ Petition is therefore dismissed with liberty to the petitioner to prefer the Revision. Nothing is being expressed on merits including the question of limitation on account of delay, if any, in preferring the Revision.
(MANGESH S. PATIL, J.)
mkd/-
2/2
1 issue framed by the court
Whether the petitioner should be allowed to maintain the writ petition challenging the dismissal of the private complaint when revision remedy is available.
2 provisions across 1 enactments
NANDA D/O. SOPAN KARDILE @ NANDA W/O. DNYANDEO AHER
THE STATE OF MAHARASHTRA AND OTHERS
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court