The Bombay High Court at Aurangabad set aside an impugned order of the Judicial Magistrate that accepted a summary and kept investigation pending, as it was passed without hearing the informants and without recorded reasons.
Impugned order set aside; matter remanded to Magistrate for reasoned order after hearing informants.
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.
criwp822.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 822 OF 2023
Suresh s/o Ramlal Kuklare & another
Petitioners
Versus
The State of Maharashtra & others
Respondents
Mr. B. V. Dhage, Advocate for the petitioners. Mr. V. S. Badakh, APP for the State.
CORAM : R. M. JOSHI, J. DATE : 23rd OCTOBER, 2023.
PER COURT :
to the order dated 22nd May, 2020 passed by learned Judicial Magistrate First Class, Gangapur, accepting A summary by keeping the investigation pending.
criwp822.23.odt
mind to the facts of the case and no reason is recorded for passing the said order.
dyb
2 issues framed by the court
Whether the order accepting summary and keeping investigation pending can be set aside when the informant was not heard.
Whether there was non-application of mind and failure to record reasons in the impugned order.
1 provisions across 1 enactments
Suresh s/o Ramlal Kuklare
another
The State of Maharashtra
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
