Dinanath Bhosale Sahakari Nagari Patasanstha And ORS. v. The State Of Maharashtra And ANR.

20-APEAL-52-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 52 OF 2022 Dinanath Bhosale Sahakari Nagari Patasanstha And Ors.

...Appellants

Versus

The State Of Maharashtra And Anr.

...Respondents

WITH CRIMINAL APPEAL NO. 54 OF 2022 Dinanath Bhosale Sahakari Nagari Patasanstha ...Appellant

Versus

The State Of Maharashtra And Anr.

...Respondents

WITH CRIMINAL APPEAL NO. 53 OF 2022 Dinanath Bhosale Sahakari Nagari Patasanstha And Ors.

...Appellants

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr. Kedar J. Patil, Advocate for Appellant.

Mr. Yogesh Sankpal aw Mr. Kishor Ajetrao, Advocate for the by SUNNY ANKUSHRAO THOTE Date: 2023.06.26 19:19:13 +0530 SUNNY ANKUSHRAO THOTE Respondent.

Mrs. Anamika Malhotra, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

23rd JUNE, 2023.

PER COURT :

1.

All these appeals can be disposed off by common order. The issue involved is whether the directions under Section 202 of Cr.P.C Sunny Thote

20-APEAL-52-2022.doc were issued without recording verification statement of the complainant.

2.

Learned Advocate for the Appellant and Respondent No.2 fairly submitted that before issuing directions under Section 202 of Cr.P.C. vide order dated 18th March, 2021, the verification statement of the complainant was not recorded.

3.

The order is contrary to law and required to be set aside.

ORDER

i.

Criminal Appeal No.52 of 2022; Criminal Appeal No 54 of 2022 and Criminal Appeal No 53 of 2022 are allowed; ii.

Impugned orders dated 18th March, 2021 directing investigation under Section 202 of Cr.P.C. in each complaints is set aside.

iii.

The learned Magistrate is at liberty to record the verification statement of the complainant and proceed with the complaints in accordance with law as expeditiously as possible.

iv.

Appeals are disposed off.

(PRAKASH D. NAIK, J.) Sunny Thote