ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Criminal Writ Petition 945/2019, the petitioners challenge order dated 5.3.2019 passed by 2nd Jt.CJJD and JMFC, Jalgaon in SCC No. 967/2016, whereby the learned trial Judge has committed the case to the Court of Session. Petitioners in Criminal Writ Petition No. 1409/2019 impugn order dated 29.7.2019 passed below Exh.1 in CC No.103/2015 by the JMFC,Shevgaon, whereby the case was committed to the Court of Session. Petitioners in Criminal Writ Petition No. 1404/2019 challenge order dated 28.6.2019 passed by Additional Sessions Judge, Shrirampur, Dist. Ahmednagar on application below Exh.4 in Sessions Case No.19/2019. Committal order dated 27.3.2019 passed by the Chief Judicial Magistrate, Aurangabad in RCC No. 577/2013 and order dt. 3.9.2019 passed by 11th District Judge and Sessions Judge, Aurangabad in Sessions Case No. 164/2019, are the subject matter of challenge in Criminal Writ Petition No. 1785/2019, whereas petitioners in Criminal Writ Petition No. 2056/2019 assail the order dated 30.9.2019 passed by JMFC, Parbhani in SCC No. 2106/2017, whereby the learned JMFC committed the case to the Court of Session, Parbhani for further trial.

(2.) Since all these criminal writ petitions raise almost similar issue and, therefore, they are proposed to be heard and disposed of by this common order.

(3.) All the petitioners are original accused, who are facing trial for the offence punishable under Section 353 of Indian Penal Code with some other sections of Indian Penal Code ( IPC ). All the cases involved in these writ petitions were instituted/filed before the Court of Judicial Magistrate, First Class. Except the case which is the subject matter in writ petition No.945/2019, in other three writ petitions, the cases before the learned Judicial Magistrate, First Class have been committed to the Court of Sessions under Section 323 of Code of Criminal Procedure (for short, Cr.P.C.); whereas as regards the case involved in writ petition No.945/2019, the learned JMFC says that he has committed the case under Section 209 of Cr.P.C.