Mukesh D. Ambani and ors. Vs. State of Bihar and anr.

Mukesh D. Ambani and ors. vs State of Bihar and anr.

Type Court Judgment Court Patna Decided Nov 06, 2006

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Citation: sooperkanoon.com/128574
Court: Patna High Court
Judge: Sheema Ali Khan, J.
Decided On: Nov 06, 2006
Subject: ;Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: ;Criminal

Parties & Advocates

Appellant / Petitioner

Mukesh D. Ambani and ors.

Respondent

State of Bihar and anr.

Excerpt

- sheema ali khan, j.1. heard learned counsel for the petitioners and learned counsel for the state.2. the criminal complaint was lodged under sections 403, 420 and 120b of the indian penal code on 15-4-2005. while the case is still pending, the complainant filed an application dated 1-10-2005 in which he has made a prayer to the court below that the offence against the accused should be permitted to be compounded as they come within the purview of section 320 part-ii of the code of criminal procedure. the magistrate has passed the order on the application filed by the complainant on 7-10-2005 in which he has said that the offence cannot be compounded as they are warrant triable.3. i do not think that a correct view has been taken by the judicial magistrate. if the complainant wants to compound the case and the provision is there under section 320(2) of the code of criminal procedure. he should be permitted to do so. the complainant imply does not want to proceed with the case. the second ground taken by the learned magistrate is that the accused persons have not appeared in this case. in my opinion, it is not necessary for the accused persons to appear in the case, since it is the complainant who has filed for compounding of the offence.4. it is submitted on behalf of the petitioners that they have appeared and filed an application under section 205 of the code of criminal procedure to be exempted their personal appearance.5. in the circumstances, the matter is remanded to the judicial magistrate, patna, to consider the provisions of section 320(2) of the code of criminal procedure and pass appropriate order according to the observations made in this order.6. this application is disposed of with observation aforesaid.

Full Judgment

Sheema Ali Khan, J.

1. Heard learned Counsel for the petitioners and learned Counsel for the State.

2. The criminal complaint was lodged under Sections 403, 420 and 120B of the Indian Penal Code on 15-4-2005. While the case is still pending, the complainant filed an application dated 1-10-2005 in which he has made a prayer to the Court below that the offence against the accused should be permitted to be compounded as they come within the purview of Section 320 part-II of the Code of Criminal Procedure. The Magistrate has passed the order on the application filed by the complainant on 7-10-2005 in which he has said that the offence cannot be compounded as they are warrant triable.

3. I do not think that a correct view has been taken by the judicial Magistrate. If the complainant wants to compound the case and the provision is there under Section 320(2) of the Code of Criminal Procedure. He should be permitted to do so. The complainant imply does not want to proceed with the case. The second ground taken by the learned Magistrate is that the accused persons have not appeared in this case. In my opinion, it is not necessary for the accused persons to appear in the case, since it is the complainant who has filed for compounding of the offence.

4. It is submitted on behalf of the petitioners that they have appeared and filed an application under Section 205 of the Code of Criminal Procedure to be exempted their personal appearance.

5. In the circumstances, the matter is remanded to the Judicial Magistrate, Patna, to consider the provisions of Section 320(2) of the Code of Criminal Procedure and pass appropriate order according to the observations made in this order.

6. This application is disposed of with observation aforesaid.

Same Court & Year Patna · 2006 Same Parties Mukesh D. Ambani and ors. vs State of Bihar and anr. Same Subject ;Criminal Same Judge Sheema Ali Khan, J.

;Criminal