ROBERT MOSES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Naik and Mr. Kate, the learned Counsel for the respective petitioners. Mr. Pol, the learned Public Prosecutor appears for the State of Maharashtra.

(2.) '' The petitioners in Criminal Writ Petition no.3011 of 2010 are the accused in CR no.7 of 2010 registered with the Mahabaleshwar Police station on 20.2.2010, on the basis of the complaint filed by respondent no.2 i.e. Robert J. Moses, who is the petitioner in Criminal Writ Petition No.213 of 2011. In Criminal Writ Petition no.213 of 2011, the petitioner prays for transfer of investigation in CR nos.5 and 7 of 2010 registered with the Mahabaleshwar Police Station.

(3.) '' In our view, Criminal Writ Petition no.3011 of 2010 could not have been filed under Article 227 of the Constitution of India read with Section 482 of the Cr. P.C. when it is for quashing of CR, and it has also been seen that because the Petition was filed under Article 227 of Constitution of India, it came to be placed before the Single Bench. We direct the Registrar (Judicial) to ensure that the Petitions for quashment are placed before the Division Bench or Single Bench based solely on the reliefs prayed for, and if the Petition prays for quashing of CR/FIR, it must be placed before the Division Bench notwithstanding that it is filed under Article 227 of the Constitution of India, and if the Petition prays for quashing of criminal proceedings pending before the court below, it ought to be listed before the Single Bench.