The High Court of Bombay (Criminal APJ) quashed an order allowing re-investigation, noting the Magistrate lacked power and failed to provide reasons.
Impugned order allowing re-investigation quashed and set aside; liberty to file application for further investigation.
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.
bipin prithiani
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30-wp-800.22.doc
BIPIN Digitally signed by BIPINDHARMENDER DHARMENDERPRITHIANI PRITHIANIDate: 2023.10.12 20:11:13+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 800 OF 2022
Ashok Prithviraj Ostwal … Petitioner Versus State of Maharashtra & Anr. … Respondents
Mr. R. D. Suryawanshi for the Petitioner. Mr. A. R. Kapadnis, APP for the Respondent No.1-State.
CORAM: R. N. LADDHA, J.
DATE : 12 OCTOBER 2023
P.C. :-
. Heard.
bipin prithiani
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30-wp-800.22.doc
Magistrate for further investigation.
R. N. LADDHA, J.
1 issue framed by the court
Whether the Single Judge can quash the impugned order allowing re-investigation in light of the admitted lack of jurisdiction.
Ashok Prithviraj Ostwal
State of Maharashtra
R. N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
