STATE OF MAHARASHTRA versus SK. BANNU AND SHANKAR

STATE OF MAHARASHTRA versus SK. BANNU AND SHANKAR

The bail proceedings before the first Magistrate and the subsequent proceedings before the transferee Magistrate are part of the same judicial process. Offences committed in the bail proceedings are 'in or in relation to' the proceedings before the transferee Magistrate, who is competent to make a complaint under...

Source-derived case information.

Parties
Appellant: State of Maharashtra; Respondent: Sk. Bannu; Respondent: Shankar; Respondent: Mohamad Nazir
Jurisdiction
India
Judgment Date
12 September 1980
Procedural Posture
Criminal Appeal / Appeal From Bombay High Court (nagpur Bench) Judgment Dated 19 4 1973 in Criminal Appeal Nos. 216 and 243 of 1971
Outcome
Appeals allowed; impugned judgment set aside; case remitted to the High Court for fresh decision on merits.
Legal Topics
Section 195 and 476 Code of Criminal Procedure, 1898, Jurisdiction of Magistrate to Make Complaint, Forgery in Bail Proceedings
Criminal Law Procedure Section 195 and 476 Code of Criminal Procedure, 1898 Jurisdiction of Magistrate to Make Complaint Forgery in Bail Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

State of Maharashtra

Appellant

Sk. Bannu

Respondent

Shankar

Respondent

Mohamad Nazir

Respondent

Procedural Posture

Criminal Appeal / Appeal From Bombay High Court (nagpur Bench) Judgment Dated 19 4 1973 in Criminal Appeal Nos. 216 and 243 of 1971

Legal Issues

  1. 1 Whether the transferee Magistrate was competent to make a complaint under Section 476 read with Section 195 of the Code of Criminal Procedure, 1898 for offences allegedly committed in bail proceedings before a previous Magistrate
  2. 2 Interpretation of 'in or in relation to' in Section 195(1)(b) and Section 476 Cr.P.C.

Ratio Decidendi

The bail proceedings before the first Magistrate and the subsequent proceedings before the transferee Magistrate are part of the same judicial process. Offences committed in the bail proceedings are 'in or in relation to' the proceedings before the transferee Magistrate, who is competent to make a complaint under Section 476 Cr.P.C.; the High Court erred in holding otherwise.

Court Disposition

Appeals allowed; impugned judgment set aside; case remitted to the High Court for fresh decision on merits.

Orders

  • High Court to restore appeals of Sk. Bannu and Shankar to original numbers and decide afresh after hearing parties according to law.