Allowed

Sopan Ramdas Kasar v. the State of Maharashtra and Another

Bombay HC18 Oct 2023WP/509/2023

Case brief

AI extract

What is this about?

Petitioner challenged a revisional order on the ground of denial of hearing opportunity. The court held the order unsustainable and set it aside, remanding the matter for fresh hearing with petitioner as a party.

What did the court decide?

Impugned order set aside; Criminal Revision Application remanded to Addl. Sessions Court for decision afresh after hearing petitioner as party respondent.

Sopan Ramdas Kasar Vs the State of Maharashtra and… — Criminal Trial and Appeal | Bombay HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶2

CRIMINAL WRIT PETITION NO.509 OF 2023

¶3

SOPAN RAMDAS KASAR

¶4

VERSUS

¶5

THE STATE OF MAHARASHTRA AND ANOTHER

¶6

Ms. Sakshi A. Kale, Advocate for the petitioner Mr. S. W. Mundhe, APP for the respondent/State Ms. S. G. Sonawane, Advocate for respondent No.2.

¶7

CORAM : R. M. JOSHI, J. DATE : 18^th OCTOBER, 2023

¶8

P.C. :-

¶9

Petition takes exception to the order dated 17/10/2019 passed by the learned Addl. Sessions Judge, Shrigonda in Criminal Revision Application No. 07/2019 (old Cri. Revn. Application No. 51/2013) on the ground that the petitioner was not heard as he was not joined as party respondent to the said proceeding.

¶10

Learned counsel appearing for the respondent No.2 though opposes this petition, however, she does not dispute the fact that the petitioner was made party in the said proceeding.

¶11

Thus, before passing the impugned order petitioner was not given an opportunity of hearing. There is no dispute about the fact that the revision application was filed against the dismissal of the complaint. In

¶12

1 of 2

¶13

927.criwp509.23.odt

¶14

such circumstances, it was incumbent part of the Revisional Court to hear the accused before passing any adverse order against him.

¶15

In view of this, impugned order can not sustain. Hence the petition is allowed. Impugned order is set aside. Criminal Revision Application No. 07/2019 (old Cri. Revn. Application No. 51/2013) is relegated back to the Addl. Sessions Court for decision afresh after hearing present petitioner. The Revisional Court to allow petitioner to be joined as party respondent. Both sides to appear before the learned Addl. Sessions Judge on 30^th October, 2023. No separate notice to be issued to them. Since revision application pertains to the year 2013, the same be decided before 31^st December, 2023 in accordance with law.

¶16

(R. M. JOSHI, J.)

¶17

ssp

¶18

2 of 2

¶19

927.criwp509.23.odt

Sopan Ramdas Kasar v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Sopan Ramdas Kasar v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rupchand Ramchandra Bhagwat Vs the State of Maharashtra

Laxmibai Vishwanath Hanwate and Others Vs the State of Maharashtra and Another

Ganesh Haribhau Khande and Others Vs the State of Maharashtra and Another

Ganesh Hiraman Pimple Vs the State of Maharashtra and Others

Subhash Shivram Kedar Vs the State of Maharashtra and Others

Afrojkhan Bashirkhan Pathan Vs Mandodara W/O. Madhavrao Kendre