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TMI Blog2015 (1) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court is seized of matters involving the said issues and therefore if any modification is made by the Apex Court in the view taken by this Court naturally the learned Magistrates will have to abide by the law laid down by the Apex Court. Thus, it is abundantly clear that the Magistrate has to follow the judgment of this Court unless and until it is set aside by the Apex Court. Petition disposed off. - Criminal Writ Petition No. 3794 of 2014 - - - Dated:- 28-1-2015 - M.L Tahaliyani, J. Mr. Yashpal Thakur i/b. PKA Advocates, Advocate for the Petitioner. Mr. D.A Nalavade, Mr. V.B.K Deshmukh, for Respondent. Judgment P.C: The petitioners are the complainant in Summary Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter of Ramanbhai (Supra) was brought to the notice of the learned Magistrate. The learned Magistrate, however, has said that in view of the stay granted by the Hon'ble Supreme Court of India, he was under an obligation to follow the Judgment of the Apex Court in the matter of Dashrath Rathod (Supra). 4. The learned counsel Mr. Thakur for the petitioner has invited my attention to the Judgment of the Apex Court in the matter of Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association CSI Cinod Secretariat, Madras AIR 1992 SC 1439. My attention was particularly invited to paragraph no. 10 of the Judgment, which reads as under: 10 In the instant case, the proceedings before the Board under Sections. 15 and 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order passed by the Appellate Authority is quashed and the matter is remanded, the result would be that the appeal which had been disposed of by the said order of the Appellate Authority would be restored and it can be said to be pending before the Appellate Authority after the quashing of the order of the Appellate Authority. The same cannot be said with regard to an order staying the operation of the order of the Appellate Authority because in spite of the said order, the order of the Appellate Authority continues to exist in law so long as it exists, it cannot be said that the appeal which has been disposed of by the said order has not been disposed of and is still pending. We are, therefore, of the opinion that the passing of the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Judgment reads as under: 12 Therefore, so far as this Court is concerned, the view is settled. However, I am informed that now the Apex Court is seized of matters involving the said issues and therefore if any modification is made by the Apex Court in the view taken by this Court naturally the learned Magistrates will have to abide by the law laid down by the Apex Court. It was tried to be submitted that the decision of this Court tin the case of Peacock Industries Ltd. (Supra) which has taken the similar view based on the case of KSL Industries (supra) has been stayed by the Apex Court. However, the law on this aspect is very clear. In the case of Pramod K. Shah v. Commissioner of Custom Export Promotion 2007 ALL MR (Cri) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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