Showing posts with label glaring defect. Show all posts
Showing posts with label glaring defect. Show all posts

Friday, 15 August 2025

Bombay HC: Criminal revision is maintainable if there is "glaring defect' in the order of issue process by the Magistrate

 I am mindful of the position that the impugned orders being otherwise revisable, ought to have been challenged in a Criminal Revision Application before the Sessions Court. However, I find that this is a glaring enough case, where the Magistrate has proceeded totally without jurisdiction, to exercise supervisory powers vested in this Court under Article 227 of the Constitution of India to right the injustice caused to the Petitioner. Further, this Court, notwithstanding the fact that the Petitioner may have recourse to the remedy of revision, is vested with inherent powers under Sections 482 and 483 of the Cr.P.C. which may be exercised to secure the ends of justice. {Para 14}

 IN THE HIGH COURT OF BOMBAY AT GOA

Criminal Writ Petition Nos. 115 of 2018 and 116 of 2018

Decided On: 04.03.2025

Devendra Darda Vs. State of Goa and Ors.

Hon'ble Judges/Coram:

Valmiki Sa Menezes, J.

Citation: 2025/BHC-GOA/366, MANU/MH/1458/2025.

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