Raj Kumar Awasthi vs State Of Maharashtra

ik-25825207 Bombay High Court 25 October 2024 • WRIT PETITION NO.3549 OF 2014 • 14 min read

Judges (2)

Counsel (1)

Parties (2)

Case Significance

Raj Kumar Awasthi vs State Of Maharashtra is a Bombay High Court decision dated October 25, 2024 (citation: ik-25825207). The petitioner-in-person challenged the Metropolitan Magistrate's order refusing to declare the trial as void, and separately challenged a 1962 State Government notification under Section 10 of the Criminal Law Amendment Act, 1932 which made non-cognizable offences cognizable in Mumbai. The Court held the notification was valid as it was issued under powers upheld by the Apex Court, and the Criminal Law Amendment Act, 1932 was saved under the new CrPC despite the 1898 Code being replaced. The The bench comprised Justices Bharati Dangre and Manjusha Deshpande. The judgment was delivered by Justice Manjusha Deshpande. Counsel appearing: A. A. Takalkar (counsel for respondent).

Summary

The petitioner-in-person challenged the Metropolitan Magistrate's order refusing to declare the trial as void, and separately challenged a 1962 State Government notification under Section 10 of the Criminal Law Amendment Act, 1932 which made non-cognizable offences cognizable in Mumbai. The Court held the notification was valid as it was issued under powers upheld by the Apex Court, and the Criminal Law Amendment Act, 1932 was saved under the new CrPC despite the 1898 Code being replaced. The writ petition and interim application were rejected.

What was the outcome of Raj Kumar Awasthi vs State Of Maharashtra?

The petitioner-in-person challenged the Metropolitan Magistrate's order refusing to declare the trial as void, and separately challenged a 1962 State Government notification under Section 10 of the Cr...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-25825207)