Bombay High Court
Priti W/O Ashish Borkar vs The State Of Mah.Thr. Jaripatka Ps ... on 19 November, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:12686
cr wp 515.23.odt.jud.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 515 OF 2023
Sou. Priti w/o Ashish Borkar
Aged about 37 years
Occ:- Household
R/o C/o Bhimrao Gadpayale
Sai Nagar, Near Karmanya School,
Satgaon Road, Butti Bori,
Nagpur .... PETITIONER
// V E R S U S //
1. State of Maharashtra,
Through Jaripatka Police Station,
Nagpur
2. Shri Ashish Namdeo Borkar
Aged about 43 years, Occ. Service
3. Smt. Manorama Namdeo Borkar
Aged 68 years, Occ. Household
4. Shri Alok Namdeo Borkar,
Aged about 49 years, Occ. Service
5. Sou. Swity @ Nivedita Alok Borkar
Aged about 42 years, Occ. Household,
Respondent Nos.2 to 5 are
R/o Plot No.123, Laghuvetan Colony, Near
MSEB Office, Indora Square, Nagpur
District Nagpur- 440014
6. Sou. Archana Shailesh Madame
Aged about 51 years, Occ. Service,
R/o A-8/7, Bramha Horizan Lulla Nagar,
Kondwda Road, Pune
Amendment 7. Aparna Vijay Singh,
carried out as
Aged about 46 years, Occ. Household,
per court order
dated R/o 2A 133, Kalpatru Estate, JVLR,
05.02.2024 Poonam Nagar, Andheri (East),
Mumbai - 400093
cr wp 515.23.odt.jud.odt
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email id: [email protected]
Ph. No.9373100693
8. Shailesh Madame .
Aged about 53 years, Occ. Private
R/o A-8/7, Bramha Horizan, Lulla Nagar,
Kondwda Road, Pune .. RESPONDENTS
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Mr A.Z. Gharde, Advocate for the petitioner.
Mr. Amit Chutke, APP for the respondent No.1/State.
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CORAM : G. A. SANAP, J.
DATE : 19/11/2024
ORAL JUDGMENT :
1. Heard finally at the admission stage.
2. Respondent Nos. 2 to 8 are duly served. They have
failed to appear before this Court despite service.
3. In this petition, the petitioner has challenged the
correctness of the order dated 10.05.2019 passed by the
learned Judicial Magistrate First Class, Court No.7, Nagpur
whereby, the learned Magistrate disposed of Regular Criminal
Case No.2507/2015.
cr wp 515.23.odt.jud.odt
4. It is submitted that learned Magistrate on the basis
of the order passed by the Division Bench of this Court in
Criminal Application (APL) No.653/2016 dated 18.01.2018
has disposed of criminal case. It is submitted that the order in
Criminal Application (A.P.L.) No.653/2016 passed by the
Division Bench of this Court dated 18.01.2018 pertain to
crime No.1540/2016 registered on the report lodged by
Darshana wife of respondent No.4. It is pointed out that crime
registered on the report of the petitioner is bearing
No.184/2015 dated 02.04.2015. It is submitted that
respondent Nos. 2 to 8 did not apply before the High Court for
quashing of the First Information Report No.184/2015 dated
02.04.2015. It is pointed out that the case filed on the basis of
First Information Report No.1540/2016 was numbered as
Regular Criminal Case No.4123/2016. It is pointed out that
the case registered on the First Information Report
No.184/2015 dated 02.04.2015 was Criminal Case No.
cr wp 515.23.odt.jud.odt
2507/2015. It is submitted that two crimes are separate and
distinct. It is submitted that learned Magistrate without
application of mind, on the basis of the order of Division Bench
pertaining to crime No.1540/2016 disposed of Regular
Criminal Case No.2507/2015 registered on the report of the
petitioner.
5. Learned APP for the State submits that learned
Judge appears to have committed mistake in understanding the
factual position. Learned APP pointed out that crime
No.184/2015 dated 02.04.2015 and Regular Criminal Case
No.2507/2015 was not quashed by the Division Bench of this
Court.
6. I have gone through the record and proceedings. It
is apparent that Regular Criminal Case No.4123/2016 was
registered on separate and distinct First Information Report
lodged by the wife of respondent No.4. The First Information
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Report/criminal case was quashed as per order of the Division
Bench of this Court dated 18.01.2018 in Criminal Application
No.653/2016.
7. In view of this factual position, it is evident that the
learned Magistrate has committed patent illegality. Learned
Magistrate, on the basis of the order passed pertaining to the
Regular Criminal Case No.4123/2016, disposed of Regular
Criminal Case No.2507/2015.
8. In view of this, the order deserves to be set aside.
9. Accordingly, I proceed to pass the following order:-
(i) The petition is allowed.
(ii) The order dated 10.05.2019 below Exh.1
passed learned Judicial Magistrate First Class, Court No.7
Nagpur is quashed and set aside. Regular Criminal Case
No.2507/2015 is restored to file.
cr wp 515.23.odt.jud.odt
(iii) It is made clear that the learned Magistrate shall
verify the correct factual position and proceed further with the
criminal case.
(iv) If criminal case bearing RCC No.2507/2015 is not
disposed of, then learned Magistrate shall proceed further with
the case and dispose of the same in accordance with law.
(G. A. SANAP, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 22/11/2024 11:26:48
