Disposed

Nilesh Nandkumar Mandode v. the State of Maharashtra and Another

Bombay HC19 Jul 2023WP/658/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the framing of charge without a prior hearing. The Court directed the Trial Court to hear the accused and counsel before deciding whether to frame the charge under Section 227 CrPC.

What did the court decide?

The petition was disposed of with a direction to the Trial Court to hear the accused and counsel before framing the charge.

Nilesh Nandkumar Mandode Vs the State of… — Civil Procedure and Limitation | Bombay HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶2

999 CRIMINAL WRIT PETITION NO.658 OF 2023

¶3

NILESH NANDKUMAR MANDODE
VERSUS

¶4

THE STATE OF MAHARASHTRA AND ANOTHER

¶5

Advocate for Petitioner : Mr. Pratik A. Bhosle
APP for Respondent- State : Mr. S.P. Sonpawale
Advocate for Respondent No.2 : Mr. A.S. Jadhav

¶6

CORAM : R. M. JOSHI, J.
DATE : JULY 19, 2023

¶7

PER COURT :

¶8

.This petition takes exception to the charge framed by the
learned Trial Court in Special Case No.50 of 2023.

¶9

2.It is the contention of petitioner / accused that prior to

¶10

framing of charge he was not given hearing as contemplated by
Section 227 of the Code of Criminal Procedure, 1973.

¶11

3.Learned APP and learned counsel for informant opposed

¶12

the said submissions by stating that plea recorded by the trial Court
shows that accused was heard prior to framing of charge.

¶13

1/2

¶14

4.There cannot be any dispute about the fact that at all
stages of the criminal trial accused is entitled to get fair opportunity.
Framing of charge is not just formality and it is necessary for the Trial
Court to give hearing to prosecution as well as to accused. In the
instant case, if it is the grievance made by petitioner that he was not
heard before framing of charge, in that case order of framing of
charge deserves to be set aside.

¶15

5. Learned counsel for petitioner states that he and

¶16

petitioner shall appear before the Trial Court on 31.07.2023 and on
that day itself he will make his submission with regard to framing of
charge.

¶17

6.Accordingly, learned Trial Court to hear accused / learned

¶18

counsel for accused and if Trial Court finds it appropriate to frame
charge against the accused, it may do so. In view of the aforesaid
direction, petition stands disposed of.

¶19

GGP

¶20

2/2

Nilesh Nandkumar Mandode v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Nilesh Nandkumar Mandode 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhananjay Mohan Zombade and Others Vs Prachi W/O Dhananjay Zombade

Priyanka W/O. Dipak Bhujbal Vs Dipak Begaji Bhujbal

Sant Namdeo Nagri Patsan. Marya. Hingoli,Thr Its Executive Off. Sunil Ramashishprasad Singh (Sinha) Vs Bharat Changdev Kamble

Shreyash Maroti Itbare Vs the State of Maharashtra and Another

Shivling Guruling Hamne Vs the State of Maharashtra

Vikramsingh S/O. Dattusingh Chauhan and Others Vs the Central Bureau of Investigation (C.B.I.) through Investigating Officer