Quashed

Manpreet Kaur Dadyal and Ors. v. M/S. Indusind Media and Communications Limited and Anr.

Bombay HC13 Feb 2024WP/1913/2014

Case brief

AI extract

What is this about?

The High Court quashed an unreasoned order of issuance of process passed by the Magistrate. The court directed the Magistrate to pass the order afresh with reasons within eight weeks, while ruling that no immediate legal remedy is available for the complainant.

What did the court decide?

Order of issuance of process in CC No.271/SW/2013 quashed; Magistrate directed to pass order afresh with reasons within eight weeks.

Manpreet Kaur Dadyal and Ors. Vs M/S. Indusind… — Civil Procedure and Limitation | Bombay HC (2024)

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Chitra Sonawane 1 28-wp-1913-2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.1913 of 2014

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Manpreet Kaur Dadyal & Ors.… Petitioners.

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Vs.

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M/s Indusind Media and

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Communications Ltd & Anr. … Respondents.

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Mr Abhishek Kunchikar i/by Maitreya G.Shukla for
petitioners.

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Mr Kuldeep Patil a/w Sanjay Kadam, Mr Ranjit Patil, Sanjeel
Kadam and Sayalee Rajpurkar i/by Kadam & Company for
respondent No.1.

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Coram: R. N. Laddha, J.
 Date : 13 February 2024.

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P.C. :-

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Heard learned Counsel for the parties.

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2.Mr Abhishek Kunchikar, the learned Counsel for the
petitioner brought to my attention the order of issuance of
process and submitted that the order is cryptic and
unreasoned.

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3.Upon perusal of the order, it is evident that the learned
Magistrate has not assigned any reason for passing the order.

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Chitra Sonawane 2 28-wp-1913-2014.doc

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This is not the appropriate manner in which the judicial
discretion should be exercised. The learned Magistrate needs
to demonstrate such application of mind by giving reasons as
to why the process is issued against the accused. Therefore,
the order of issuance of process is liable to be quashed and set
aside. However, at the same time, it must be considered that
if the Magistrate did not fulfil his duty the complainant
should not be held responsible and should not have to endure
any consequences due to the Magistrate's failure.

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4.As a result, the order of issuance of process in CC
No.271/SW/2013, pending before the learned ACMM, 22nd
Court, Andheri, is quashed and set aside and the learned
Magistrate is directed to pass the order afresh on its own
merits. The petition as such stands disposed of.

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5.It goes without saying that if necessary the petitioner is
free to seek legal redress for their grievances if the occasion so
arises. It is made clear that this Court has not examined the
merits of the case and the trial Court shall pass an order
afresh on its own merits in accordance with the law preferably
within eight weeks from the receipt of this order.

Manpreet Kaur Dadyal and Ors. v. M/S. Indusind Media and Communications Limited and Anr.

Case brief

What is this about?

What did the court decide?

Manpreet Kaur Dadyal and Ors. v. M/S. Indusind Media and Communications Limited and Anr.

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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