Bombay High CourtAPL/1168/2019disposed off

Dr Manohar S/O Chokhobaji Sahare v. State Of Mah., Thr. Pso Ps Imamwada, Nagpur City, Nagpur And 4 Others

2019-12-16Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 apl1168.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1168/2019 Dr. Manohar S/o Chokhobaji Sahare ..V/s..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.G. Meshram, Advocate for the applicant. Ms S.V. Kolhe, Additional Public Prosecutor for non-applicant Nos.1 & 2. CORAM : Z.A. HAQ AND M.G.GIRATKAR, JJ.

DATE : 16.12.2019.

1] On oral request made by learned Advocate for the applicant, leave to delete the non-applicant No.2 from array of non-applicants granted. Amendment be carried out forthwith.

2] The applicant has filed complaint case against the non-applicant Nos.3 to 5 praying that they be prosecuted and convicted for the offences punishable under Sections 420, 406, 120-B read with Section 34 of the Indian Penal Code. According to the applicant, the non-applicant Nos.3 to 5 are avoiding the process of law and avoiding execution of bailable warrants issued by the learned Chief Judicial Magistrate.

3] Learned Additional Public Prosecutor

2 apl1168.19 submitted that the learned Chief Judicial Magistrate is conferred with ample powers to ensure execution / enforcement of his orders and execution of the warrants issued by him.

4] We find substance in the submission made by the learned Additional Public Prosecutor and accepting the same, we refuse to exercise jurisdiction under Section 482 of the Code of Criminal Procedure. Criminal application is disposed accordingly. JUDGE JUDGE Tambaskar.