Disposed

Mr. Sheikh Mujaffar S/O Sheikh Rashid v. the State of Maharashtra, Thr. P.S.O.,P.S. Mangrul Chawala, Amravati and Another.

Bombay HC25 Apr 2024REVN/74/2024

Case brief

AI extract

What is this about?

Applicant accused in a corruption special case challenged framing of charge on the ground that no Section 227 CrPC hearing was afforded. Roznama and charge were silent on such hearing; State could not point to any material. Charge quashed with direction to reframe after complying with Section 227.

What the court decided

AI extract

Mr. Sheikh Mujaffar S/O Sheikh Rashid vs the State of Maharashtra… — Corruption | Bombay HC (2024)

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2024:BHC-NAG:7092

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40 REVN. 74.24JUD..odt

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

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CRIMINAL REVISION APPLICATION NO. 74 OF 202 4

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Mr. Sheikh Mujaffar S/o Sheikh Rashid, Age- 54 Years, Occupation- Service. R/o Fubgaon. Tq. Nandgaon Khandeshwar .... APPLICANT and District. Amravati.

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// V E R S U S //

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State of Maharashtra, Through Police Station Officer, Police Station Mangru1 Chawala, Amravati.

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Anticorruption Bureau Amravati Through its Police Inspector, Amravati, District – Amravati. ... RESPONDENTS

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Mr Rajnish Vyas, Advocate for applicant. Ms Mukta Kavimandan, APP for respondents/State.

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CORAM : G. A. SANAP, J. DATE : 02.07.2024

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O R A L J U D G M E N T :

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Heard.

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Rule. Rule made returnable forthwith. Taken up

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for final disposal with the consent of learned Advocates for the parties.

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40 REVN. 74.24JUD..odt

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The applicant, who is an accused No.1 in the Special Case No.259/2019 pending on the file of District Judge-3 Amravati and Additional Sessions Judge, Amravati, has challenged the order of framing of charge and ultimately the charge framed against him and co accused No.2.

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It is stated that before framing of the charge, hearing as contemplated under Section 227 of the Cr.P.C . was not granted. In support of this contention, he has placed on record the roznama. The copy of the charge is also on record.

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I have gone through the roznama as well as the charge framed by the learned Judge. Roznama as well as the charge framed is conspicuously silent about the grant of an opportunity of hearing to the accused before framing the charge.

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40 REVN. 74.24JUD..odt

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Learned APP for the respondents/State is not able

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to point out any material to show that the hearing as contemplated under Section 227 of the Cr.P.C. was granted to the accused.

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In my view, on account of this, a fundamental defect has been crept in. The accused has come forward to remove the defect in the charge. In my view, therefore, the application deserves to be allowed. Hence I pass the following order:-

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ORDER

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i) The charge framed against the accused

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Nos.1 and 2 in Special Case No.259/2019 at Exh.14 by District Judge-3 Amravati and Additional Sessions Judge, Amravati dated 21.02.2023 is quashed and set aside.

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ii) Learned Judge is directed to frame a

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charge against the accused persons by complying the provisions of Section 227 of Cr.P.C.

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40 REVN. 74.24JUD..odt

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iii) The accused Nos.1 and 2 shall remain

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present before the learned Judge on 11.07.2024 at 11.00 a.m.

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iv) The accused Nos.1 and 2 shall extend

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fullest cooperation to the learned Judge.

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Criminal Revision Application stands disposed of.

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Rule made absolute in the above terms.

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(G. A. SANAP, J.)

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 08/07/2024 14:43:08

Mr. Sheikh Mujaffar S/O Sheikh Rashid v. the State of Maharashtra, Thr. P.S.O.,P.S. Mangrul Chawala, Amravati and Another.

Case brief

What is this about?

What the court decided

Mr. Sheikh Mujaffar S/O Sheikh Rashid v. the State of Maharashtra, Thr. P.S.O.,P.S. Mangrul Chawala, Amravati and Another.

Case brief

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What the court decided

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Coram

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