Allowed

Rajashri W/O Rajendra Pachgade and 3 Others v. Pramod S/O Ambadasji Pachgade and Another

Bombay HC23 Feb 2024WP/187/2024

Case brief

AI extract

What is this about?

Petitioners challenged a Magistrate's order issuing process in a criminal complaint despite a pending civil dispute over the same subject matter. The High Court found the Magistrate ignored key facts and the Section 202 CrPC police report, set aside the order, and remitted the matter for fresh inquiry.

What did the court decide?

Impugned order dated 21.03.2023 passed by JMFC, Karanja (Lad) in RCC No.133/2020 set aside; matter remitted to Magistrate for fresh inquiry.

Rajashri W/O Rajendra Pachgade and 3 Others vs Pramod S/O… — Quashing and FIR | Bombay HC (2024)

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2024:BHC-NAG:10703

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18 cr wp 187.24.odt..odt

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

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CRIMINAL WRIT PETITION NO.187 OF 2024

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Sau. Rajashtri w/o Rajendra Pachgade and ors. (Vs.)

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Pramod s/o Ambadasji Pachgde and another

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

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Mr. M.R. Joharapurkar, Advocate for petitioners. Mr. D.S. Joshi, Advocate for respondent Nos.1 and 2.

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CORAM : G.A. SANAP, J . DATE : 23.09.2024

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Heard learned Advocates for the parties. Perused the record and proceedings.

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Perusal of the record shows that learned Magistrate has not taken into consideration the fundamental facts pleaded in the complaint. Similarly, learned Magistrate has not taken into consideration the report submitted by the Police on inquiry under Section 202 of the Code of Criminal Procedure.

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It is to be noted that the process cannot be

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18 cr wp 187.24.odt..odt

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issued mechanically. The criminal prosecution is a very serious matter. Perusal of the complaint would show that it is silent on so many aspects which have not been dealt with by the learned Magistrate. The learned Magistrate was required to be very careful when civil dispute was pending between the parties in respect of the same subject matter.

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It needs to be stated that the learned Magistrate was required to conduct proper inquiry before putting criminal law into motion in this manner. It is settled legal position that civil dispute may have traces of criminal offence. The Court has to examine the material in its entirety. The Court shall take care that totally civil dispute cannot be given colour of criminal offence.

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In the facts and circumstances, the Criminal Writ Petition is allowed.

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The impugned order dated 21.03.2023 passed in Regular Criminal Case No.133/2020 by

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the learned Judicial Magistrate First Class (JMFC), Karanja (Lad) is set aside. The matter is remitted back to learned Magistrate.

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Learned Magistrate shall conduct fresh inquiry and then pass an appropriate order in accordance with law.

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Criminal Writ Petition stands disposed of.

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JUDGE

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 26/09/2024 10:37:25

Rajashri W/O Rajendra Pachgade and 3 Others v. Pramod S/O Ambadasji Pachgade and Another

Case brief

What is this about?

What did the court decide?

Rajashri W/O Rajendra Pachgade and 3 Others v. Pramod S/O Ambadasji Pachgade and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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