Petition to quash an order under S. 156(3) CrPC dismissing a private complaint was disposed of by adjournment after the Investigating Officer filed a final report suggesting no case was made out against the accused.
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.2461 OF 2006.
Fortis Securities Ltd. & Anr.
..Petitioners.
versus
The State of Maharashtra & Anr.
..Respondents.
Mr.Manish Bohra, i/b. A.S.Khan & Associates, for the Petitioners.
Mr. N.K.Thakur, with Shri Prakash Naik, for the Respondent No.2. Mr.D.P.Adsule, APP, for the Respondent-State.
CORAM : A.S. OKA, J. DATE : 22ND AUGUST,2008.
P.C.
| Petitioners. | The sec |
ond Re |
spondent filed a |
private |
|---|---|---|---|---|
| complaint | alleging c |
ommission | of offence |
under |
| sections 409, |
120B read |
with | section 34 of the |
Indian |
| Penal Code. |
An order |
was |
passed under section |
156(3) |
| of the |
Code of |
Criminal | Procedure, 1973 by |
the |
| learned | Magistrate. | The ch |
allenge in this |
Petition |
| is for |
quashing the |
offence | registered on the |
basis |
| of the |
order passed |
under | section 156(3) of the |
said |
| Code. | The learned |
Counsel | appearing for the |
second |
| Respondent | has produced |
for | my perusal a copy |
of |
| final repo |
rt submitted |
by | Investigating | Officer |
| recording | that no c |
ase for |
proceeding against |
the |
| accused | persons | has | been | made | out. | He | stated | that |
|---|---|---|---|---|---|---|---|---|
| the | report | is | under | consider | ation | of | the | learned |
Magistrate. The learned Advocate for the Petitioners
states that he is not aware of the said development.
disposed of by keeping all contentions of the parties
open.
[ A.S.OKA, J.]
Fortis Securities Ltd. & Anr.
The State of Maharashtra & Anr.
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
