Bombay High CourtWP/7/2015others disposed off

Vasu Hasaram Bhatia v. The State Of Maharashtra And ANR

2015-01-06Hon'Ble Shri Justice M.L. Tahaliyani2 pages

1)CWP7.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 7 OF 2015 Vasu Hasaram Bhatia ..

Petitioner

Versus

The State of Maharashtra & Anr.

Respondents Mr. Mahendra C. Moholkar, Advocate for the petitioner Mr. V.B. Konde-Deshmukh, Addl. PP for the respondent-State. CORAM:-M.L. TAHALIYANI, J.

DATED : -06/01/2015 P.C.

Not on board. Taken on board on being mentioned for production on the ground of urgency.

Heard the learned counsel for the petitioner. I do not find anything wrong in the order of the Sessions Judge. The Magistrate has not passed preliminary order before initiating proceedings under section 145 of Cr. P .C. In view of the order the Sessions Judge, the Magistrate will have to decide whether there exists a dispute which may cause breach of peace and whether he should proceed further in the matter. 1/2

1)CWP7.15 This obviously will have to be done afresh without being influenced by the order of the Sessions Judge and this Court. The petition is accordingly disposed of.

(JUDGE) md.saleem 2/2