Shri Rasik Vithaldas Shah vs The State Of Maharashtra And Anr.
2002 Latest Caselaw 1242 Bom

JUDGMENT

1. This petition pertains to year 1998, therefore, in the absence of petitioner the petition is being decided on merit in the interest of justice.

2. Shri Gadkari has been heard on the points involved.

3. The chapter proceeding pertains to year 1998, because it bears Chapter Case No. 11 of 1998. The said notice is dated 18/12/1998. The notice shows that the learned Magistrate has used, already typed sheet for the purpose of utilising it as a notice, in view of provisions of Section 111 of Code of Criminal Procedure, 1973 (hereinafter referred to as Code for convenience). The hand written matter has not been initialled. The way in which the said printed sheet is exhibiting itself, it does not satisfy this Court, that the learned magistrate has applied his judicial mind to the information embodied in the said printed sheet of the paper, that is a grave error of facts and law.

4. Besides that, the said sheet of paper does not give the details of the material which has been utilised by the learned magistrate, for issuing the said notice. The sentences used in the said printed sheet of paper are vague and ambiguous. They are indicating general allegations. There is no specific allegation made against the present petitioner.

5. The incident relates to year 1997, much time has lapsed in between. Therefore, this Court does not find any propriety of keeping the said chapter case survived. Thus, the said Chapter case stands quashed by allowing this writ petition.

The parties are directed to act upon the copy of this order duly authenticated by the Sheristedar/Court Stenographer of this Court.