Mohit Chandra Bhardwaj v. The State Of Maharashtra And ORS

apl-1061-17(34)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1061 OF 2017 Mohit Chandra Bharadwaj ..Applicant Vs.

State of Maharashtra & Ors ..Respondents Mr. Mohit Bharadwaj, Applicant in person present Mr. K. V. Saste Addl PP for the Respondent State CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 8th FEBRUARY, 2018 P.C.

Against the order rejecting an application for discharge by the Learned JMFC the remedy if any would be by way of a Revision before the Sessions Court, however, the Applicant has directly approached this Court by invoking its jurisdiction under Section 482 of the CrPC. The companion Writ Petition No.3674 of 2017 to quash the criminal proceedings pending before the Learned JMFC has been dismissed today by us by a separate order. A submission was sought to be advanced on behalf of the Applicant that availability of an alternative remedy is not an impediment for this Court to exercise its jurisdiction under Section 482. The proposition as advanced by the party in person cannot be disputed. However, in the facts and circumstances of the present case we are of the view that since a statutory remedy by way of a Revision is available to the Applicant against the order dated 17-7-2017, we do not deem it appropriate to entertain the above Criminal Application, the same is accordingly rejected. mmj

apl-1061-17(34) However, the Applicant would be at liberty to invoke the remedy by way of a Revision against the impugned order before the Sessions Court. If any such Revision Application is filed, needless to state that the same would be tried on its own merits and in accordance with law. [SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj