Dismissed

Sunil Bhagwan Borade and Ors. v. the State of Maharashtra and Ors.

Bombay HC30 Nov 2009APPW/413/2009

Case brief

AI extract

What is this about?

The High Court of Bombay dismissed the criminal writ petition. The Court held that quashing was not appropriate as the investigation must proceed expeditiously under the Prevention of Immoral Traffic Act. The petition was deemed devoid of merit and was dismissed.

What did the court decide?

The writ petition was dismissed. The criminal application was allowed.

Sunil Bhagwan Borade and Ors. Vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 413 OF 2009

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CRIMINAL WRIT PETITION NO. 2933 OF 2009

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Sunil Bhagan Borade & Ors.	...		...	...	Applicants.
Versus
State of Maharashtra & Ors..		...	...	...	Respondents.

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Mr. S. B. Patil for the Applicants. Ms. P. H. Kantharia, APP for the Respondent/State.

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CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 30TH NOVEMBER,2009.

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P. C.:

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Heard learned Advocate appearing for the applicants and also the learned APP appearing for the State.

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For the reasons stated in the application, the writ petition is restored on the file of this Court on the condition that the learned Counsel for the applicant address the Court in the matter for admission.

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The Criminal Application is, accordingly, allowed.

Sd/-

(J. N. PATEL, J.)

Sd/-

(A. A. SAYED, J.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 2933 OF 2009

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Sunil Bhagan Borade & Ors.	...		...	...	Petitioners.
Versus
State of Maharashtra & Ors..		...	...	...	Respondents.

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Mr. S. B. Patil for the Petitioners. Ms. P. H. Kantharia, APP for the Respondent/State.

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CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 30TH NOVEMBER,2009.

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P. C.:

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Heard learned Advocate appearing for the Petitioners and also the learned APP appearing for the State.

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The petitioners have come to this Court seeking quashing of the FIR registered against them by the Vithalwadi Police Station, Ulhasnagar, vide FIR No. II 49/09 dated 3rd October, 2009 under Sections 3 and 4 of the Prevention of Immoral Traffic Act (PITA), 1985. It is the case of the petitioners that they are the respectable businessmen and that all the petitioners had taken rooms on rent in Punam Lodge for various purposes and at the relevant time two of them were with

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their fiance and girl friend respectively, namely, Manisha and Surekha and one Petitioner was businessman and staying in the Lodge for the purpose of his business. The Police Officers raided the Punam Lodge and arrested 11 males and 13 females, who were on the next day produced before the J.M.F.C. Court at Ulhasnagar.

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Taking into consideration the FIR lodged by the Senior Police Inspector, Crime Branch, Unit-V, Wagle Estate, we find that in the given facts and circumstances it will be proper that the Police expeditiously conduct investigation in the matter and file charge sheet. At this stage, it will not be proper for this Court to interfere with the investigation by quashing the FIR considering that the Police has registered the offence under the Prevention of Immoral Traffic Act (PITA), 1985. There is no reason why the petitioners are so apprehensive if they are not involved or committed any offence under the Prevention of Immoral Traffic Act (PITA), 1985. As we do not find any merit in the contentions made by the petitioners, we are not inclined to grant any relief in the matter.

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The writ petition being devoid of merits, the same is dismissed.

Sunil Bhagwan Borade and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sunil Bhagwan Borade and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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