Kavita Vijaykumar Munot vs The State Of Maharashtra And Ors
2024 Latest Caselaw 25498 Bom

Bombay High Court

Kavita Vijaykumar Munot vs The State Of Maharashtra And Ors on 5 September, 2024

2024:BHC-AUG:20928
                                                                        991-cwp-683-2006.odt
                                                 (1)


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            CRIMINAL WRIT PETITION NO. 683 OF 2006

                 Kavita Vijaykumar Munnot
                 Age: 41 years, Occ: Business & Housewife
                 R/o Vimal Bungalow, Rasani Nagar
                 Savedi, Ahmednagar.                             ..Petitioner

                      VERSUS

                 1.   The State of Maharashtra
                      (Copy to be served on
                      Public Prosecutor of High Court of Judicature
                      of Bombay bench at Aurangabad).

                 2.   Makarand S/o Madhav Kulkarni
                      Age: 38 years, Occ: Builder,
                      Proprietor of Mark Construction,
                      R/o Parekh Building, Mahajan Lane,
                      Ahmednagar.

                 3.   Sau. Veena Chandramohan Kandepalli
                      Age: 47 years. Occ: Service,

                 4.   Vishwanth S/o Kacharu Kharat
                      Age: 40 years, Occ: Service,

                      Both Respondent Nos.3 and 4
                      R/o Indira Chambers'
                      Flat Nos. 101, 102, 202 respectively,
                      Bajadpatti, Ahmednagar.                     ..Respondents
                                                  ...
                             Advocate for the Petitioner : Mr. R.R. Karpe
                            APP for Respondent/State : Mr. A.A.A. Khan
                      Advocate for Respondent No.2 : Mr. Gholap Ajit Manohar
                       Advocate for Respondent Nos.3 & 4 : Mr. C.S. Deshmukh
                                                  ...
                                                  CORAM : S.G. MEHARE, J.

                                                  DATED : SEPTEMBER 05, 2024
                                                         991-cwp-683-2006.odt
                                   (2)


ORAL JUDGMENT :-

1. Heard the respective counsels.

2. The matter was heard on the last date. However, no

order of issuing process was found placed on the record. Therefore,

time was granted to the respective counsels to go through the record

and produce the copy of the order of issuance of process passed of the

learned Magistrate.

3. Learned counsel for the respondent made a statement

that he has gone through the record of the trial Court. However, he

did not find any order below Exhibit-1. It was just a roznama

maintained directing to issue summons.

4. Considering the responsible statement of the learned

counsel for the respondent, it appears that the learned Magistrate

literally did not pass order exercising the powers under Section 204 of

the Criminal Procedure Code. The learned Additional Sessions Judge

has quashed and set aside the order of the Magistrate which was not

in existence at all. In the circumstances, the sole remedy is to remit

the matter to the learned Chief Judicial Magistrate to consider the

complaint and pass an appropriate order, he feels appropriate. Hence,

the following order :

ORDER

(i) Writ petition is allowed.

991-cwp-683-2006.odt

(ii) The impugned order of the learned Additional Sessions Judge,

Ahmednagar passed in Criminal Revision Appeal No.95 of 2006 dated

07.10.2006 stands quashed and set aside.

(iii) The case is remitted to the Court of learned Chief Judicial

Magistrate, Ahmednagar for dealing with R.T.C. No.84 of 2006

according to the law.

(iv) The accused need not to appear there.

(v) Record and proceeding be returned to the Court of learned

Chief Judicial Magistrate, Ahmednagar.

(vi) Rule is made absolute in above terms.

(vii) No order as to costs.

(S.G. MEHARE, J.)

Mujaheed//