Bombay High Court
Chetan Jaydev Mehta And Anr vs The State Of Maharashtra on 21 June, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.631 OF 2022
Chetan Jaydev Mehta and another Applicants
versus
The State of Maharashtra Respondent
Mr.T.J.Pandian with T.C.Subramanian, Advocate for applicants.
Mr.A.R.Patil, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 21st June 2022
PC :
1. The applicants have preferred this application for cancellation
of non-bailable warrant issued against them on 30th April 2022
2. The proceedings are pending before learned 51 st Metropolitan
Magistrate, Kurla, Mumbai vide CC No.948/PW/2007 for the
offences under Sections 353, 332, 504, 427 r/w 34 of Indian Penal
Code.
3. Learned counsel for applicants submitted that the FIR was
registered in 2007 and apparently charge sheet was filed thereafter.
The applicants had never received any summons or notice with
regards to filing of charge sheet and were not aware about pendency
of proceedings. Offence u/s.353 is now triable by Court of Sessions.
The Trial Court is likely to commit the case to the Court of Sessions.
Digitally signed by
MANISH MANISH SURESH
SURESH THATTE
Date: 2022.06.23
THATTE 10:53:25 +0530
4. Learned APP submit that case is pending in Court since 2007.
The applicants ought to have been diligent about the proceedings
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initiated against them since FIR was registered against them and
they were aware about registration of FIR. However, considering the
circumstance that notice of filing of charge sheet was not received by
the applicants, the warrant issued against applicants can be set aside
with directions to applicants to regularly appear before the Court of
Magistrate and after committal of the case before appropriate Trial
Court.
5. In view of the aforesaid factual aspects, I pass following order:
ORDER
(i) Non-bailable warrant issued vide order dated 30 th April 2022 is quashed and set aside;
(ii) The applicants shall regularly appear before the Court of Magistrate and thereafter before the Court of Sessions, unless exempted by the said Courts;
(iii) Criminal Application stands disposed of.
(PRAKASH D. NAIK, J.) MST