In a criminal writ petition filed by accused No.4 seeking quashing of the F.I.R., the Bombay High Court dismissed the petition, applying the principle that F.I.R. cannot be quash where investigation is at an advanced stage.
Petition dismissed; no quashing of F.I.R. 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.
wp-278.11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 278 OF 2011
Laheri A. Bhanushali.... Petitioner.
V/s.
The State of Maharashtra and Anr.... Respondents.
Shri R.D.Soni i/b. M/s.Ram & Co. for the petitioner.
Ms.M.H.Mhatre, APP for the respondent-State.
CORAM :A.M.KHANWILKAR AND
A.R.JOSHI, JJ.
DATED : 23rd February 2011.
P.C. :
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2.This petition is for quashing F.I.R.
Yesterday, we have dismissed writ petition filed by
accused No.3 for similar relief. The present
petitioner is accused No.4.
2 wp-278.11
3.The prosecution case is that the petitioner
has purchased the disputed land from accused No.3.
The allegation amongst others is with regard to the
offence under section 34 of I.P.C. The investigation
is at the advanced stage and the investigating officer
is of the opinion that he would be in a position to
submit charge-sheet before the concerned Court in
another one week’s time.
4.Taking overall view of the matter, therefore,
the petition is dismissed leaving option open to the
petitioner to take recourse to appropriate remedy as
may be permissible by law. However, the question of
quashing F.I.R does not arise.
2 issues framed by the court
Whether the present petition for quashing the F.I.R. should be allowed given the advanced stage of investigation?
Whether the petitioner accused No.4 is entitled to quash the F.I.R. unlike accused No.3 whose petition was dismissed?
1 provisions across 1 enactments
Laheri A. Bhanushali
The State of Maharashtra
Anr.
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court