Suresh Chand Goyal S/O Late Sh. ... vs State Of Maharashtra And Anr
2023 Latest Caselaw 6748 Bom

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                                                                           29.IA.2354.2023.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                APPELLATE SIDE CRIMINAL JURISDICTION

                  INTERIM APPLICATION NO. 2354 OF 2023
                                   IN
                     WRIT PETITION NO. 3393 OF 2022

Suresh Chand Goyal                                               ....Applicant
IN THE MATTER BETWEEN
Suresh Chand Goyal S/o Late Sh. Ratan
Lal Goyal                                                        ....PETITIONER
     V/S
State Of Maharashtra & Anr                                       ....RESPONDENTS

Mr. Vijay Aggarwal a/w. Adv. Yash Agrawal, Adv. Yashwardhan Tiwari, Adv. Abhiraj Ray for the Applicant/Petitioner Mr. J. P. Yagnik, APP for the Respondent-State. Mr. Rajiv Chawan, Sr. Adv. a/w. Mr. H. H. Nagi i/b. Nagi & Associates for the Respondent Nos. 2 & 3.

CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ

DATED : 10th JULY, 2023 P.C.:

1. Learned APP so also learned Counsel for the non-Applicants

seeks time to file Affidavit-in-Reply.

2. The fact remains that the Apex Court vide its detailed

judgment delivered in SLP (Cri) No. 3686 of 2021 on 28/04/2023

has quashed the Complaint bearing CC No. 56/SW/2011 pending

before the Trial Court for the offence punishable u/s. 403, 406, 420

and 120B of IPC.

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29.IA.2354.2023.doc

3. In the aforesaid background, once the investigating agency

has submitted a Closure Report and having regard to the above

referred judgment by the Apex Court, we are of the view that the

order of the Magistrate which appears to be later in point of time

than that of the order of the Apex Court, cannot be said to be

prima facie sustainable.

4. However, since the request for filing of Reply is made, we

deem it appropriate to stay the further investigation in the matter.

5. Stand over to 23/08/2023.

            (R. N. LADDHA, J)                 (NITIN W. SAMBRE, J.)




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