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Bombay High CourtWP/5822/2019disposed off

Rajwant Kaur v. The Senior Police Inspector And ORS

2022-07-08Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice N. R. Borkar2 pages

903-cr-wp-5822-19.doc Digitally signed by DINESH SADANAND SHERLA Date:

2022.07.12 14:16:33 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5822 OF 2019 Mrs. Rajwant Kaur ... Petitioner V/s.

The Senior Police Inspector and ors.

... Respondents ---------------- Mr. Manoj Shirsat i/b Bhairavi Waravdekar for the Petitioner. Mr. J.P. Yagnik, APP for the Respondent Nos.1 and 3. Mr. Vikram Deshmukh a/w. Ms Disha Dave i/b Maulik Tanna for the Respondent No.2.

----------------

CORAM

:

NITIN JAMDAR & N.R. BORKAR, JJ.

DATE :

8 JULY 2022.

P.C.

.

This petition is filed by the Petitioner for following the relief: "(a) That this Hon'ble Court be pleased to issue a writ of mandamus or any other writ or order or direction of the nature directing Respondent No.1 to register an FIR under Section 25 read with Section 3 of the Indian Arms Act, 1959 against Respondent No.2".

2.

The learned Counsel for Respondent No.2 has placed before us a copy of the order passed by the Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai dated 17 November 2021 below Exhibit-7 in C.C.No.143/PW/2021. The learned Counsel for Dinesh Sherla 1/2

903-cr-wp-5822-19.doc the Respondent No.2 states that this very request was made and it is rejected by the learned Magistrate.

3.

Perusal of the order shows that an application was made by the prosecution to frame the charge under Section 3 punishable under Section 25 of Arms Act against the Respondent No.2. The same has been rejected by the Additional Chief Metropolitan Magistrate.

4.

Therefore, once a judicial order is passed, by which, the Respondent No.1 is bound, writ of mandamus cannot be issued, bypassing a judicial order without setting it aside. The Petitioner and the State have remedies in respect of the order passed by the learned Additional Chief Metropolitan Magistrate. Keeping that remedy open, Writ Petition is disposed of.

(N.R. BORKAR, J.) (NITIN JAMDAR, J.) Dinesh Sherla 2/2