High Court dismissed a criminal writ petition seeking quashing of an FIR. The bench held that since the FIR disclosed a cognizable offence, the question of quashing did not arise at that stage, leading to rejection of the petition without detailed reasoning.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1441 OF 2007
Rajendra Ramdhani Gupta & Ors.
V/s
The State of Maharashtra & Ors.
..Petitioners.
..Respondents.
Shri Rajiv Patil with Shri M.H. Ahuja for the
petitioners.
Shri M.S. Mhambre, APP for the respondent No.1.
CORAM : R.M.S.KHANDEPARKAR AND
SMT.V.K.TAHILRAMANI, JJ.
DATE : 6TH AUGUST, 2007
P.C.
.Heard Shri Patil, learned Counsel for the
petitioners and Shri Mhambre, learned APP for
respondent No.1.
2.Considering the facts in the FIR, which
discloses the cognizable offence, the question of
quashing the same at this stage does not arise.
Hence, the petition is rejected.
( R.M.S. KHANDEPARKAR, J.)
( SMT. V.K. TAHILRAMANI, J.)
2 issues framed by the court
Whether the Criminal Writ Petition seeking quashing of FIR should be entertained given the cognizable nature of the offence disclosed.
Whether the FIR can be quashed at the present stage of proceedings.
Rajendra Ramdhani Gupta & Ors.
The State of Maharashtra & Ors.
R.M.S. Khandeparkar
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court