Icici Bank Ltd v. The State Of Mah And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 644 OF 2009 ICICI Bank Ltd., A Registered Company, Having its Registered Office at Landmark Race Course Circle, Vadodara- 390 007, And having its Branch Office at 2nd Floor, Raghuveer Complex, Opp. District Court, Adalat Road, Aurangabad, Through its Authorized Signatory & Power of Attorney Holder Shri Pravin s/o Shrinivasan Kunigalkar ...PETITIONER

VERSUS

1) The State of Maharashtra,

2) The Investigation Officer, Vasmat Police Station, Hingoli,

3) Chandrashekhar Gallaya Nallewar, Age-45 years, Occu:Business, R/o-Plot No.137, Bank Colony, Behind Police Quarters, District-Hingoli.

...RESPONDENTS ...

Mr.Umesh N. Shete Advocate for Petitioner.

Mr.B.L. Dhus, A.P.P. for Resp. Nos.1 and 2.

Mr.S.J. Salunke Advocate for Respondent No.3. ...

CORAM: A.B. CHAUDHARI AND INDIRA K. JAIN, JJ.

DATE : 11TH SEPTEMBER, 2015 ORDER :

1.

Following is the prayer clause (B) in this Petition:- "(B) The Hon'ble High Court may kindly be pleased to quash the FIR vide Crime No.117/2009, U/sec.420, 406, 408, 467, 468, 500, r/w 34 of I.P.C. registered with Police Station, Vasmat, Dist-Hingoli."

2.

Following is the order passed by the learned Magistrate:- " ORDER Call report u/s.156(3) of the Cr.P.C."

3.

Having perused the above order passed by the Magistrate, we are satisfied that the same is in contravention of the various pronouncements of the Apex Court including latest Judgment in the

case of Priyanka Srivastava and another vs. State of Uttar Pradesh and others, reported in (2015) 6 Supreme Court Cases 287.

4.

In the result we make the following order:-

O R D E R

(I) Criminal Writ Petition No.644 of 2009 is partly allowed.

(II) the impugned order dated 23rd June 2009 passed by the J.M.F.C, Vasmat is quashed and set aside.

(III) The proceedings are remitted to the concerned J.M.F.C. for making fresh consideration, in the light of various pronouncements of the Apex Court including the Judgment in the case of Priyanka Srivastava, cited supra.

[INDIRA K. JAIN, J.] [A.B. CHAUDHARI, J.] asb/SEP15