In a criminal writ petition, the High Court rejected the petition for quashing the FIR upon noting that a charge-sheet had been filed, holding that the remedy lay in applying for discharge before the competent court.
Petition rejected; no relief granted.
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.
1
wp-1417-2011
srk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1417 OF 2011
Samuel Danial Jadhav & ors.
...Petitioners
Versus
The State of Maharashtra & anr.
...Respondents
Mr.Pankaj Deokar for petitioners. Ms.M.H.Mhatre, APP for State.
CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ.
August 2, 2011.
P.C.
1. Ms.Mhatre, the learned APP on instructions states that on
completion of investigation in CR No.164 of 2010 registered with Koparkhairane Police Station a charge-sheet has been submitted on
19/7/2011 and a copy of the same has also been placed before us. The
petitioners are accused in the said charge-sheet filed for the offence
2
wp-1417-2011
punishable under Section 498-A read with Section 34 of IPC.
(U.D.SALVI, J.) (B. H. MARLAPALLE, J.)
1 issue framed by the court
Whether a criminal writ petition for quashing of an FIR survives after the submission of a charge-sheet paving the way for an application for discharge.
2 provisions across 1 enactments
Samuel Danial Jadhav
State of Maharashtra
B. H. Marlapalle
U. D. Salvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
