“In our opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion., the order dated 26.02.2003, which is the basis of the complaint in question, is sub judice in the criminal appeal. In other words, when the order, which is the foundation for filing the complaint in question itself is sub judice, the appellant is required to await the final outcome of the criminal appeal filed by the accused persons”.
Sections 166, 167, 201 to 204 of the Indian Penal Code, 1860 read with Section 25 of the Bombay Police Act, 1951
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Shri Hanumant Dinkar Arjun Vs. Shri Suresh R. Andhare & ANR.
[Criminal Appeal No.25 of 2009]
Abhay Manohar Sapre, J.
1. This appeal is filed against the final judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) and order dated 15.07.2008 passed by the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. of Judicature at Bombay in Criminal Revision Application No.309 of 2008 whereby the High Court dismissed the criminal revision application filed by the appellant (complainant) herein.
2. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.
3. The appellant filed a complaint under Sections 166, 167, 201 to 204 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) read with Section 25 of the Bombay Police Act, 1951 (for short, “BP Act”) against respondent No. 1 herein before the Judicial Magistrate First Class, Indapur.
4. This complaint was filed on the basis of certain adverse observations made by the 1st Additional Sessions Judge, Baramati in his order dated 26.02.2003 passed in Session Case No. 99/2000 against respondent No.1 by which four accused persons were convicted for commission of offence punishable under Section 302/34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.2000/each.
5. According to the appellant, in the light of the certain adverse observations made in the said order by the Additional Sessions Judge against respondent No.1SubInspector of Police, who investigated the said case, a prima facie case for initiating criminal action against him is made out.
6. The Courts below, however, declined this prayer made by the appellant and the High Court by the impugned order upheld the order declining the prayer giving rise to filing of the present appeal by way of special leave in this Court by the appellant complainant.
7. It is not disputed by the parties that the accused persons have filed criminal appeal in the High Court against the order dated 26.02.2003 and the same is pending in the High Court.
8. If that be so, then, in our opinion, the order dated 26.02.2003, which is the basis of the complaint in question, is sub judice in the criminal appeal.
9. In other words, when the order, which is the foundation for filing the complaint in question itself is sub judice, the appellant is required to await the final outcome of the criminal appeal filed by the accused persons.
10. It is for this reason, we are not inclined to entertain this appeal and while disposing of the same grant liberty to the appellant to move afresh for raising his grievance in question depending upon the outcome of the criminal appeal filed by the accused persons against the order dated 26.02.2003.
11. We, however, make it clear that we have not expressed any opinion on the meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. of the case, which is subject matter of the complaint.
12. With these observations, this appeal stands disposed of finally.
J. [ABHAY MANOHAR SAPRE]
J. [DINESH MAHESHWARI]
New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.;
May 03, 2019