Disposed

Tanvir Ullah Khan Sana Ullah Khan (Husband of R 2) v. State of Mah.T Hr. Pso Ps Karanja (Lad) Dist.Washim and Another

Bombay HC9 Jan 2024APL/29/2024

Case brief

AI extract

What is this about?

The High Court stayed criminal proceedings because the charge sheet was filed in defiance of its prior order. The Investigating Officer was directed to explain the non-compliance, and a pending application for amendment was allowed.

What did the court decide?

Stay of proceedings before the trial Court and direction to Investigating Officer to submit a report on the filing of charge sheet in violation of court orders.

Tanvir Ullah Khan Sana Ullah Khan (Husband of R 2) vs State… — Quashing and FIR | Bombay HC (2024)

2304apl29.24

Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION [APL] NO. 29/2024.

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Tanvir Ullah Khan Sana Ullah Khan and others. - VERSUS-

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State of Maharashtra and another.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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Shri M.I. Dhatrak, Advocate for Applicants. Shri S.B. Bissa, A.P.P. for Non-applicant No.1.

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CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ. DATE : APRIL 23, 2024.

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Heard.

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The learned Counsel appearing for

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applicants would submit that despite orders of this Court dated 09.01.2024, the investigating agency has filed charge sheet on 07.02.2024.

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It appears that we have precluded the investigating agency from filing charge sheet without obtaining permission from this Court. However, despite said order, the police is stated to

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have filed charge sheet. The learned Counsel for

Rgd.

Order

2304apl29.24

applicants submit that by taking Hamdast, he has served the order upon the concerned police.

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In this situation, it is not a good signal that orders of this Court are flouted by the implementing agency. The Investigating Officer is directed to submit his report as to how despite orders of this Court, charge sheet has been filed. Learned A.P.P. is directed to communicate this order to the concerned Investigating Officer. The compliance be reported by 13.06.2024.

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Since charge sheet has been filed without obtaining leave of this Court, we order that the proceedings before the trial Court shall stand stayed until further orders.

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Criminal Application No. /2024.

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Heard.

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The learned Counsel for applicants states that he has filed application seeking amendment.

Rgd.

Order

2304apl29.24

Application allowed. Necessary

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amendment be carried out within a period of one week. Amended copy be served on the nonapplicants.

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JUDGE JUDGE

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Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 24/04/2024 11:16:23 Rgd.

Tanvir Ullah Khan Sana Ullah Khan (Husband of R 2) v. State of Mah.T Hr. Pso Ps Karanja (Lad) Dist.Washim and Another

Case brief

What is this about?

What did the court decide?

Tanvir Ullah Khan Sana Ullah Khan (Husband of R 2) v. State of Mah.T Hr. Pso Ps Karanja (Lad) Dist.Washim 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

All orders in this case

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