Disposed

Dhanaji Gopal Gage and Anr. v. State of Maharashtra and Anr.

Bombay HC3 Apr 2024APL/257/2024

Case brief

AI extract

What is this about?

Challenge to two Magistrates' orders issuing process against the applicants for lacking reasons. The Court found no rationale recorded, quashed both orders and directed fresh reasoned orders, clarifying the merits were not examined and complainants should not suffer for the Magistrate's lapse.

What did the court decide?

Impugned process-issuance orders quashed; Magistrate directed to pass fresh reasoned orders; liberty to pursue remedies preserved.

Dhanaji Gopal Gage and Anr. Vs State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2024)

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Mamta Kale

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903-apl-104-2024 & 904-apl-2572024.doc

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MAMTAAMARKALE Digitally signed byMAMTA AMAR KALEDate: 2024.04.0317:03:48 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 104 OF 2024

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Sumitomo Chemical India Ltd. through its Manager Mr. Anil Khandagale and Anr. ..Applicants Vs. State of Maharashtra and Anr. ..Respondents

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WITH CRIMINAL APPLICATION NO. 257 OF 2024

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Dhanaji Gopal Gage and Anr. ..Applicants Vs. State of Maharashtra and Anr. ..Respondents

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Mr. G. I. Sodhi a/w. Mr. Ramprakash Pandey, for the Applicants in both applications.

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Ms. Shilpa Talhar a/w. Mr. Ashok Gawai, APP for the Respondent – State.

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CORAM : R. N. LADDHA, J. DATE : 3 APRIL 2024

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P.C.

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. Heard learned counsel for the applicant and the learned

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APP.

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Mr. G. I. Sodhi, learned counsel for the applicants has drawn my attention to the impugned order of process issuance in both these applications. He contends that the order lacks clarity

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page 1 of 2

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Mamta Kale

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903-apl-104-2024 & 904-apl-2572024.doc

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and reasoning.

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Upon reviewing the order, it becomes evident that the learned Magistrate has not provided any rationale for issuing it. Such an approach does not align with the appropriate exercise of judicial discretion. The Magistrate must demonstrate thoughtful consideration by indicating the reasons behind issuing process against the accused. Therefore, the orders for process issuance in these applications should be quashed and set aside. However, it is essential to recognize that if the Magistrate failed in their duty, the complainant should not bear any consequences due to this lapse. Consequently, the impugned order is quashed and set aside and the learned Magistrate is directed to pass the reasoned order afresh in the cases pending before him after evaluating the matter independently, adhering to the legal principles. The applications, as such, stand disposed of. As a sequel, pending applications also disposed of.

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It goes without saying that, if required, the applicants have liberty to pursue legal remedies for their grievances, if the need arises. It is made clear that this Court has not examined the merits of the cases.

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R. N. LADDHA, J.

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page 2 of 2

Dhanaji Gopal Gage and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Dhanaji Gopal Gage and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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