Syed Firoz Javed S/O. Syed Zainul Abidin And Others v. The State Of Maharashtra Thr. Pso Bhandara And Another
apl726.17.O.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.726 OF 2017 (Syed Firoz Javed and others Vs. The State of Maharashtra thr. PSO PS Bhandara and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri Sk. Sabahat Ullah, Advocate for Applicants. Shri T.A. Mirza, APP for Non-Applicant No.1/State. Shri Shashibhushan Wahane, Advocate for Non-Applicant No.2. CORAM: ROHIT B. DEO, J.
DATE: 18 th JULY, 2018.
The applicants are challenging the judgment and order dated 30.06.2017 rendered by the Sessions Judge, Bhandara in Criminal Revision 21/2015, by and under which, the order of of issuance of process passed by the learned Magistrate for the offence punishable under sections 143, 147, 323, 451, 452 and 498-A of the Indian Penal Code is confirmed.
2] A statement is at the bar that the learned Magistrate directed inquiry under section 202 of the Criminal Procedure Code and the police submitted a report. Neither the order under section 202 of Cr.P.C., nor the verification statement nor the report of the Investigating Officer and what is shocking, not even the order of issuance of process is placed on record. The prayer clause seeks quashment of the complaint without seeking a relief qua the
apl726.17.O.odt 2 order of issuance of process.
3] The application is filed in most casual manner and the precious judicial time is wasted.
4] The application is dismissed with costs of Rs.2000/-.
5] If the costs are deposited within a week the applicant shall be at liberty to prefer fresh application with relevant documents and incorporating challenge to the order of issuance of process.
JUDGE NSN