Rajkumar Motilal Munot v. Taradevi Ratanlal Bafna And Others

911-WP-1285-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1285 OF 2021 Rajkumar Motillal Munot ..PETITIONER

VERSUS

Taradevi Ratanlal Bafna and Others ..RESPONDENTS ....

Mr. D.D. Pande, Advocate for petitioner Mr. S.P. Sonpawale, A.P.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT, J.

DATED : 28th APRIL, 2022 PER COURT :

1.

Heard.

2.

The challenge herein is to the order of issuance of process for the offence under Section 420 read with Section 34 of the Indian Penal Code in a case instituted otherwise than on police report. As such, the procedure for trial for such case has been prescribed in Chapter XIX Part B of the Code of Criminal Procedure. Section 245(2) thereof speaks that nothing in that section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. 1 / 2

911-WP-1285-21.odt 3.

As such, the petitioner herein can very well urge the concerned Magistrate for his discharge from the case. In view of the same, criminal writ petition stands dismissed.

( R.G. AVACHAT, J. ) SSD 2 / 2