18/11/2023
While dismissing a criminal revision application filed by a lawyer challenging an order of the Magistrate Court, the Mumbai Sessions Court has held that a Magistrate can issue summons to any person who has not been arraigned as an accused in a police chargesheet. With this, the Magistrate Court can go ahead with the trial of a lawyer who had been accused of ragging his former classmate in a law college 9 years ago.
The victim & 3 accused were studying at a law college in suburban Mumbai when, on Sept 16, 2014, one of the accused threw a shoe that accidentally hit the victim. The victim complained to the principal but on her way out, one of the accused taunted her & said, “Le Kya Ukhad Liya Principal Ke Pass Jakar, Vaise Bhi &xyz’s (third accused) father is a top criminal lawyer, So Tu Kahin Bhi Nahi Jit Payegi.” (What have you gained from going to the principal? Anyway, the father of one of the accused is a top criminal lawyer, you will not win anywhere.)
However, when the college did nothing, & the police refused to register a case, the victim approached the Bombay High Court. After the High Court order, an FIR was registered under various sections of the Indian Penal Code & the Prohibition of Ragging Act. After investigation, the Mumbai police filed a chargesheet, but only against two of the accused, leaving out the third law student.
While dismissing a criminal revision application filed by a lawyer challenging an order of the Magistrate Court, the Mumbai Sessions Court has held that a Magistrate can issue summons to any person who has not been arraigned as an accused in a police chargesheet. With this, the Magistrate Court can go ahead with the trial of a lawyer who had been accused of ragging his former classmate in a law college 9 years ago.
The victim & 3 accused were studying at a law college in suburban Mumbai when, on Sept 16, 2014, one of the accused threw a shoe that accidentally hit the victim. The victim complained to the principal but on her way out, one of the accused taunted her & said, “Le Kya Ukhad Liya Principal Ke Pass Jakar, Vaise Bhi &xyz’s (third accused) father is a top criminal lawyer, So Tu Kahin Bhi Nahi Jit Payegi.” (What have you gained from going to the principal? Anyway, the father of one of the accused is a top criminal lawyer, you will not win anywhere.)
However, when the college did nothing, & the police refused to register a case, the victim approached the Bombay High Court. After the High Court order, an FIR was registered under various sections of the Indian Penal Code & the Prohibition of Ragging Act. After investigation, the Mumbai police filed a chargesheet, but only against two of the accused, leaving out the third law student.
