Sanjay Mohanlal Jain vs The State Of Maharashtra
2021 Latest Caselaw 10950 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                              17-apl-546-2021.doc
         2021.08.17
         14:07:58
         +0530

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPLICATION NO. 546 OF 2021


                  Sanjay Mohanlal Jain                               ...Applicant
                       Versus
                  The State of Maharashtra & Anr.                    ...Respondents


                  Mr. A. H. Ponda, Sr. Advocate i/b Mr. Ashish Raghuvanshi for the
                  Applicant

                  Mr. S. S. Hulke, A.P.P for the Respondents-State


                                            CORAM : REVATI MOHITE DERE, J.

(THROUGH VIDEO CONFERENCING) THURSDAY, 12th AUGUST 2021

P.C. :

1 Heard learned senior counsel for the applicant.

2 By this application, the applicant has impugned the order dated

15th June 2021 passed by the learned Additional Sessions Judge, Greater

Bombay, by which, the applicant's revision application was dismissed on

the premise that the order challenged in the said revision was an

interlocutory order; as well as the chapter proceedings bearing No. 06 of

SQ Pathan 1/3 17-apl-546-2021.doc

2021 and Court Case No. 16 of 2021 pending before the learned Special

Executive Magistrate, Colaba Division, initiated as against the applicant.

3 Learned senior counsel for the applicant relied on the

judgments in the cases of State represented by Inspector of Police & Ors.

v. N.M.T. Joy Immaculate1, Adalat Prasad v. Rooplal Jindal & Ors. 2,

Neelam Manmohan Attavar v. Manmohan Attavar (D) Thr. Lrs. 3

Gopalanachari v. State of Kerala4, Radhey Shyam & Anr. v. Chhabi Nath

& Ors.5, Mazid v. State of Rajasthan6, Sartaj & Ors. v. State of U.P7 to

show that the revision filed by the applicant in the Sessions Court against

the show-cause notice issued under Section 110 of the Code of Criminal

Procedure (`Cr.P.C'), was maintainable. He further submits that the order

under Section 110 Cr.P.C has been passed only with respect to one solitary

incident/case, and as such, is not sustainable.

4 Learned A.P.P seeks time to take instructions.

5 Stand over to 25th August 2021. To be listed at 4:00 p.m.

1 (2004) 5 SCC 729 2 (2004) 7 SCC 338 3 Transferred Case (Cri.) 1/2020 dated 3/9/2020 4 Manu/SC/0068/1980 5 (2015) 5 SCC 423 6 1997 SCC Online Raj 781 7 1982 SCC OnLine All 1013

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6 In the meantime, till the next date, there shall be ad-interim

relief in terms of prayer clause (c).

REVATI MOHITE DERE, J.

SQ Pathan                                                                            3/3