The High Court rejected a writ petition seeking to quash criminal complaints under various sections of the I.P.C. The bench held that investigation was ongoing and a prima facie case existed, finding it premature to interfere at this stage.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 1793 OF 2007
Office Notes, Office : Memorandum of Coram : appearances, Court’s : Court’s or Judge’s orders or directions : orders and Registrar’s orders :
Mr. Ganesh Sovani, advocate, for petitioners.
Mr. V. B. Konde-Deshmukh APP for respondent State.
CORAM : R.M.S. KHANDEPARKAR AND
Mrs. V.K. TAHILRAMANI, JJ.
DATE : NOVEMBER 1, 2007.
P.C. [Per Smt. V. K. Tahilramani, J.]
. Heard the learned advocate for the
| petitioners | and | the | learne | d | APP | for | the |
|---|---|---|---|---|---|---|---|
| respondent. | T | he petit |
ioner | No. | 2 | is | the |
| complainant | in | C. | R. | N | o.I-143 | of | 2007, |
| registered | under | S. | 384, | 385, |
354, | 365 | of |
| I.P.C. | Respo | ndent | No.2 | Swati | Patil | is | the |
| complainant | in | C.R. | 158/2007, | registered | |||
| under | S. | 376 of |
I.P.C. | wh | erein | the |
petitioner Nos. 1 and 2 are the prime
accused. The complaints pertain to Kashmira
Police Station (Thane Rural).
| 2. | We ha | ve perused the FIR | s in both the | ||
|---|---|---|---|---|---|
| cases. | The inv |
estigation in |
both t |
he cases |
is |
| going | on. We |
are of |
the opinion |
that | the |
| investigation | agency |
deserves | a fair |
chance | to |
| investigate | both | the o |
ffences. | On | plain |
| reading | of both |
the FIRs, |
we find |
that | prima |
| facie | case is |
made out |
against | the | accused |
| therein. | Hence, | we are |
not | inclined | to |
| interfere | at thi |
s stage |
and | quash | the |
| complaint | as it |
is too |
premature | at | this |
stage. In view of above observation, Writ
Petition is rejected.
Sd/- [ R.M.S. KHANDEPARKAR, J.]
Sd/- [Smt. V. K. TAHILRAMANI,J.]
2 issues framed by the court
Whether the High Court should interfere and quash the FIR at the preliminary stage before investigation.
Whether a prima facie case is made out against the accused based on a plain reading of the FIRs.
2 provisions across 1 enactments
Office Notes etc.
State
R.M.S. KHANDEPARKAR
V.K. TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
