Nitin Madanlal Partani And Ors vs State Of Maharashtra
2023 Latest Caselaw 10874 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPLICATION NO.1029 OF 2023

    Nitin Madanlal Partani & Ors.                       .... Applicants
               versus
    The State of Maharashtra                            .... Respondents
                                        .......

    •       Mr. Satyvrat Joshi i/b. Samay Pawar, Advocate for Applicants.
    •       Smt. M. H. Mhatre, APP for the State/Respondent.

                                  CORAM    : SARANG V. KOTWAL, J.

                                  DATE     : 19th OCTOBER, 2023

    P.C. :

1. Learned APP is seeking time to meet the objections

raised by the learned counsel for the Applicants challenging the

impugned order. However, Mr. Joshi, learned counsel for the

Applicant, submitted that he realized that his submission, which

is recorded in paragraph No.4 of the order dated 30/08/2023

may not be correct. The ratio of Vinubhai Malaviya's case was in

respect of the powers of the Magistrate in directing further

investigation u/s 173(8) of Cr.P.C. till charges were framed.

Those observations could not be interpreted to mean that the

power to order investigation u/s 156(3) of Cr.P.C. was available

to the Magistrate even at post-cognizance stage until trial

Nesarikar

2/2 15-APL-1029-23.odt

commenced. He submitted that he is relying on the ratio of the

said judgment of Vinubhai Malaviya only to the extent of power

of the Magistrate to issue directions u/s 173(8) of Cr.P.C. and not

regarding power u/s 156(3) of Cr.P.C.

2. This clarification given by the learned counsel Mr. Joshi

is noted.

3. Learned APP will have to respond to these submissions

on the next occasion.

4. Learned counsel for Applicant also submitted that the

Applicant No.3 has passed away during the pendency of the

Application. He will take appropriate steps in that behalf.

5. Stand over to 12/12/2023.

6. Ad-interim relief granted earlier to continue till then.

(SARANG V. KOTWAL, J.)