Criminal writ petition filed to quash FIR and transfer investigation from Ambernath police station. Court dismissed petition with liberty to seek transfer of case to another court after noting charge-sheet was already filed.
Petition dismissed with liberty to seek transfer of case from Magistrate at Ulhasnagar to any other Court.
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
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.1958 OF 2007
Shri Vijay Kumar Jagpati Ram : Petitioner
V/s.
State of Maharashtra : Respondent
...
Mr.M.V.Holamagi for the petitioner.
Mr.A.S.Gadkari, Addl. Public Prosecutor for the State.
CORAM : BILAL NAZKI & S.A.BOBDE,JJ.
DATE : JANUARY 14, 2008.
P.C.
1. This petition is filed essentially seeking quashing of
an F.I.R., being C.R. No.62/06 of Ambernath police
station. It was also stated that the investigation be
transferred from Ambernath police station to any other
police station in Mumbai.
2. The learned Addl. Public Prosecutor submitted that
the investigation has already been completed and
charge-sheet has been filed before J.M.F.C., Ulhasnagar,
on 6.12.2007. In view of this, the learned counsel for
the petitioner seeks leave to withdraw the petition with
liberty to seek transfer of the case from the Court of the
Magistrate at Ulhasnagar to any other Court. The petition
is dismissed with liberty as prayed for.
(BILAL NAZKI, J.)
(S.A. BOBDE, J.)
2 issues framed by the court
Whether the criminal writ petition seeking quashing of FIR be dismissed given that investigation is completed and charge-sheet filed.
Whether leave to withdraw the petition with liberty to seek transfer of case to another court should be granted.
Shri Vijay Kumar Jagpati Ram
State of Maharashtra
BILAL NAZKI
S.A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court