A contention has also been raised in some of the petitions/
applications that the trial proceedings are not proper because the
rubber stamp impression of the order that would ultimately be passed
in the proceedings had already been put on the chargesheet. Such a
question has been specifically raised in some of the petitions/
applications and it is contended that this shows nonapplication of
mind on the part of the Magistrate. It is attempted to suggest that
putting of a rubber stamp indicates that a Magistrate has already
decided to hold the accused guilty. I find no substance in this
contention.
It appears that in order to save time, such rubber stamps
were already put on the said 'chargesheets', but from this it cannot be
suggested that the Magistrate thereby committed any illegality.
Certainly, if an accused would plead not guilty, the rubberstamp
impression would have no meaning and would be cancelled by the
Magistrate. There is nothing illegal in the use of such rubber stamps,
provided such use in accordance with the provisions of the Criminal
Manual.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1849 OF 2010
Shri Sandeep Indravadan Sagar V State of Maharashtra and others
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applications that the trial proceedings are not proper because the
rubber stamp impression of the order that would ultimately be passed
in the proceedings had already been put on the chargesheet. Such a
question has been specifically raised in some of the petitions/
applications and it is contended that this shows nonapplication of
mind on the part of the Magistrate. It is attempted to suggest that
putting of a rubber stamp indicates that a Magistrate has already
decided to hold the accused guilty. I find no substance in this
contention.
It appears that in order to save time, such rubber stamps
were already put on the said 'chargesheets', but from this it cannot be
suggested that the Magistrate thereby committed any illegality.
Certainly, if an accused would plead not guilty, the rubberstamp
impression would have no meaning and would be cancelled by the
Magistrate. There is nothing illegal in the use of such rubber stamps,
provided such use in accordance with the provisions of the Criminal
Manual.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1849 OF 2010
Shri Sandeep Indravadan Sagar V State of Maharashtra and others