Criminal Application seeking quashing of an FIR was dismissed because a chargesheet had been filed. Court directed applicant to initiate appropriate proceedings and kept all contentions open.
Application dismissed; applicant directed to take out appropriate proceedings.
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 APPLICATION NO.520 OF 2008
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Office notes, office
memoranda of Coram,
appearances, Court’sCourt’s or Judge’s orders.
orders or directions
and Registrar’s orders.
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Mr.Kishor Patil for the applicant.
Mr.Nitin V. Pradhan i/by Mr.Harshal Bhalerao for
the respondent no.1.
Mr.J.P.Yagnik, A.P.P for the State.
CORAM : A.S.OKA, J.
DATE : 23rd September 2008.
P.C.:
.Heard learned counsel appearing for the
parties. They pointed out that amicable settlement
is not possible.
2.By this application under section 482 of
the Code of Criminal Procedure, 1973, prayer is
made for quashing the F.I.R registered at the
instance of the 1st respondent. Now, chargesheet
has been filed after completion of investigation.
Therefore, this application containing prayer for
quashing F.I.R cannot be entertained and the
applicant will have to take out appropriate
proceedings. Application is disposed of
accordingly. All contentions of the parties are
kept open.
2
(A.S.Oka, J)
2 issues framed by the court
Whether an application under section 482 CrPC for quashing an FIR can be entertained when a chargesheet has already been filed.
What alternative relief is available to the applicant after dismissal of the quashing application.
1 provisions across 1 enactments
Mr. Kishor Patil
1st Respondent
State
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court