2025 (5) TMI 1428

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..... Ms. P. P. Bhosale, APP. P.C.: 1. This petition is filed under Article 482 of Code of Criminal Procedure, 1973 and under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. The petition primarily assails order dated 5 December 2019 of issuing process against the petitioner and order dated 09 April 2025 passed by the Additional Chief Metropolitan Magistrate, 38th Court at Ballard Pier, Mum .....

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..... g perused the provisions of Section 276C (2) of the IT Act under which the maximum sentence is only three years and the offence is bailable in nature, which the parties would not dispute. 4. The learned Magistrate however not taking into consideration such position, has mechanically passed the order issuing the non-bailable warrant against the petitioner in a bailable offence. On a perusal of the .....

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..... tice would be served by passing the following order:- ORDER i. The order dated 9 April 2025 passed by the Additional Chief Metropolitan Magistrate, 38th Court at Ballard Pier, Mumbai is quashed and set aside. ii. This order will not affect the proceedings on merits filed before the learned Magistrate which shall continue in accordance with law. 7. As far as the other prayers are concerned .....

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