The High Court dismissed a writ petition challenging an order confirming permission to lead evidence under sections 200 and 202 CrPC after investigation was refused. The court deferred only to the lower courts' decision.
No costs awarded to the petitioner.
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.
29-wp-1769-2022.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1769 OF 2022
Tanuja Deshpande @ Rabade… Petitioner
V/s.
Shubhada S. Deshpande and Anr.
… Respondents
Mr. Francis A. Pereira for the petitioner.
Mr. A.R. Patil, APP for the State.
CORAM:AMIT BORKAR, J.
DATED:MARCH 20, 2023
P.C.:
1.The challenge in this petition is to the order dated 8th
October 2021, passed by the revisional Court confirming order of
the learned Magistrate sending the complaint for inquiry under
sections 200 and 202 of the Code of Criminal Procedure, 1973.
From the averments in the complaint, it appears that the offences
alleged against the accused were under sections 500, 420, 384,
385, 471, 468 read with section 34 of the Indian Penal Code,
1860.
2.According to the complainant, accused Nos.1 and 2 removed
the documents from her custody and, therefore, she filed N.C. with
Dadra Police Station. Despite her request the accused persons
refused to handover the documents and, therefore, she filed a
complaint as the police did not take action on her request.
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29-wp-1769-2022.doc
3.The learned Chief Judicial Magistrate by order dated 8th May
2019, rejected the prayer for police investigation under section
156(3) but granted liberty to the complainant to lead evidence
under sections 200 and 202 of the Code of Criminal Procedure,
1973. On consideration of the averments in the complaint, in my
opinion courts below were justified in adopting course of granting
permission to the complainant to lead evidence under section 200
of the Code of Criminal Procedure, 1973. There is no reason to
interfere with the order.
4. The writ petition is, therefore, dismissed. No costs.
(AMIT BORKAR, J.)
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Tanuja Deshpande @ Rabade
Shubhada S. Deshpande
AMIT BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court