Bombay High Court
Jaywantrao S/O. Shirpatrao Byale vs The State Of Maharashtra on 19 December, 2018
Author: P.R. Bora
Bench: P.R. Bora
927-CWP-1200-2018.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
927 CRIMINAL WRIT PETITION NO.1200 OF 2018
JAYWANTRAO S/O. SHIRPATRAO BYALE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Petitioner : Mr. Sontakke Sandeep
APP for Respondents : Mr. S.P. Deshmukh
Advocate for Respondent No.2 : Mr. U.M. Mhaske h/f
Mr. S.G. Ghatol
...
CORAM : P.R. BORA, J.
DATED : 19th DECEMBER, 2018.
PER COURT:-
. The present petition is filed against the order passed by the Judicial Magistrate First Class at Purna on 04.08.2017, which has been confirmed by the learned Sessions Judge, Parbhani in Criminal Revision No.115 of 2016.
2. In short it is the contention of the present applicant that when the initial complaint lodged by the complainant was treated as N.C. No further investigation could have been carried out by the investigating officer without obtaining permission from the Court of J.M.F.C. The learned counsel has placed reliance on the judgment of this Court in the case of "State of Maharashtra Vs. Dharmendra Ambar Mohite, 1999 All. M.R.(Cri)430". The learned counsel submitted that both the courts ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 22:00:27 ::: 927-CWP-1200-2018.odt (2) below have failed in appreciating the import of Section 155 of the Code of Criminal Procedure.
3. The learned APP has supported the impugned orders. The learned APP brought to my notice that after filing of the report, the complainant was sent for medical examination and after the report was received of the said medical examination, the offence came to be registered under Section 325 of the Code which was a cognizable offence. In such circumstances, the procedure under Section 155 was not required to be followed.
4. I have gone through the judgments passed by the courts below. I do not see any infirmity in the orders passed by the courts below. The courts below have rightly held that since the offence under Section 325 of the Indian Penal Code was registered, there was no necessity of obtaining any prior permission under Section 155 of the Code of Criminal Procedure. The writ petition being devoid of any substance deserves to be rejected and is accordingly rejected.
(P.R. BORA, J.) Mujaheed// ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 22:00:27 :::