Paraji Sheshrao Madan And ORS v. The State Of Mah And ANR

1 Cri.Appln. No. 547/2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 901.

CRIMINAL APPLICATION NO.547 OF 2012 WITH CRIMINAL APPLICATION No. 5204/2017 IN APPLN/547/2012 RAMCHANDRA YADAVRAO JIGHE

VERSUS

PARAJI SHESHRAO MADAN AND OTHERS Mr. R.M. Deshmukh, Advocate for applicants Mr. G.O. Wattamwar, Addl. Public Prosecutor for Respt. No.1/State Mrs. Kalpalata Bharaswadkar Patil, Advocate for respondent No.2 C ORAM : T.V. NALAWADE & M.G. SEWLIKAR , JJ.

DATE : 4th December, 2020 OPERATIVE ORDER :

I.

The application is allowed. The order made by the learned Judicial Magistrate F.C., Ambad, in Reg. Criminal Case No. 91/2010 dated 12/12/2011, by which the learned Magistrate directed the Ambad Police Station to register the crime and make investigation under Section 156(3) of the Criminal Procedure Code, is hereby quashed and set aside and, to that extent only the application is allowed.

II.

The proceeding, which is pending before the Judicial Magistrate F.C., bearing Reg. Criminal Case No. 91/2010 stands restored to the previous stage, the stage in which the order to make

2 Cri.Appln. No. 547/2012 investigation U/S. 202 of Cr.P.C. was made and the report of investigation is received. From that stage, the Magistrate can proceed ahead in the matter.

III.

In view of disposal of Cri. Appln. No. 547/2012, pending Cri. Appln. No. 5204/2017 shall stand disposed of. IV.

Rule made absolute in those terms.

V.

Reasons to follow.

Sd/- Sd/- ( M.G. SEWLIKAR ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar