Dismissed

Mohd. Mustafa @ Kalim Mohd. Farukh Qureshi and Ors. v. the State of Maharashtra

Bombay HC21 Aug 2009REVN/165/2009

Case brief

AI extract

What is this about?

High Court dismissed a criminal revision application challenging an order of discharge by the Sessions Court. The Court held that allegations disclosed an offence and rejected the request for discharge at this stage.

What did the court decide?

Criminal Revision Application dismissed; discharge application rejected by Sessions Court remains operative.

Mohd. Mustafa @ Kalim Mohd. Farukh Qureshi and Ors. Vs… — Cheating and Forgery | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.165 OF 2009

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Mr.Mohd. Mustafa @ Kalim Mohd......Applicants
Farukh Qureshi & Ors.

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vs.

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The State of Maharashtra.....Respondents

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Mr.Shashi Kumar Pandey i/by Mr. P.R.Yadav for applicants.
Mr. S.V. Gajare, APP for State.

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CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 21st August, 2009.

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PC :

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1.This Revision application challenges the order passed by the
Sessions Court, Bombay rejecting the application for discharge
filed by the applicants. The applicants are the accused in the
complaint filed under Section 307 r/w 34 at the instance of one
Mohammed Shamin Mohammed, the complainant, wherein it is alleged
that on the date and time of the incident, the applicants
assaulted him causing grievous injuries. The assault by the
applicant No.1 was with an iron rods whereas the others had
assaulted with hands and legs. The complaint as filed initially
named only applicants no. 1 to 4. The name of applicant no.5 came
to be added by way of subsequent statement recorded by Police. As
has been rightly held by the learned Sessions Judge, it cannot be
said that the allegations made in the proceedings do not disclose

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any offence against the applicants. The learned counsel for the
applicants then submits that the contents of F.I.R. do not
disclose offence punishable under Section 307 Indian Penal Code
and requests that the applicants may be discharged of at least of
the offence under that Section. The applicants are at liberty to
advance this argument before the trial Court at the time of
hearing before charge. Criminal Revision Application is
dismissed.

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(Smt.R.P.SondurBaldota, J.)

Mohd. Mustafa @ Kalim Mohd. Farukh Qureshi and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohd. Mustafa @ Kalim Mohd. Farukh Qureshi and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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