ASHA SHAMNDAS BAJAJ Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2014-1-5
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on January 06,2014

Asha Shamndas Bajaj Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

Abhay M. Thipsay, J. - (1.)Heard Mr. M.V. Navandar, the learned Counsel for the applicant. Heard Mr. P.N. Muley, the learned Additional Public Prosecutor, for the respondent no.1. Heard Mr. K.P. Chaware, the learned Counsel for the respondent no.2.
(2.)One Smt. Kamalabai Bajaj, the mother of the applicant, is an accused in Criminal Case No. 225/2011, pending before the Judicial Magistrate (First Class), Chalisgaon. She was released on bail, in the sum of Rs. 25,000/-, by the learned Magistrate. An application came to be submitted by the said Kamalabai Bajaj, to the Magistrate, praying that she be permitted to offer cash security instead of surety. On this application, the applicant identified Kamalabai Bajaj and posed herself as 'Dr. Advocate'. Another application made by Kamalabai Bajaj, seeking exemption from personal appearance in the court, was also signed by the present applicant by way of identifying the said Kamalabai Bajaj, purporting to be 'Dr. Advocate'. The original complainant in the case against Kamalabai Bajaj made an applicant that, the applicant had posed before the court that, she was an Advocate and had made signatures accordingly on the aforesaid documents. The original complainant prayed that, whether the applicant is indeed an Advocate, needed to be investigated into. On this, the learned Magistrate passed an order directing the Inspector of Police, Chalisgaon Police Station, to investigate whether the applicant is an Advocate, and in case, she was found not to be an Advocate, then 'file case against her', on the basis of the record available in the Magistrate's court.
The applicant challenged the order passed by the Magistrate by approaching the Court of Sessions; but the learned Additional Sessions Judge, Jalgaon, who heard the Revision Application, dismissed the same. It is under these circumstances, that the applicant has approached this Court invoking its inherent powers and praying that, the order passed by the learned Magistrate and by the learned Additional Sessions Judge, in revision, be quashed and set aside.

(3.)It is not disputed before me that, the applicant had indeed made her signatures on the aforesaid two documents. It is also not disputed before me that, the applicant is not an Advocate.


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