The high court held the criminal application for quashing the FIR not maintainable as a prima facie case exists, dismissing it to allow discharge proceedings elsewhere if necessary.
Application dismissed with direction that applicants may file for discharge if Magistrate takes cognizance.
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.
appln1157.12
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1157 OF 2012
Office Notes, Office |_________________________________________________________________________________
Memoranda of Coram, |
appearances, Court's |
orders or | Court's or Judge's Orders
directions and |
Registrar's orders |
Mrs. Pratibha Bharad, advocate for the
applicants.
Mr. G.R. Ingole, APP for the respondent
nos.1 and 2.
.....
CORAM : A.V. NIRGUDE, J.
Date : 16th April, 2012.
P.C. :
This Criminal Application is not
maintainable and deserves to be dismissed
at this stage. On going through the
complaint, I found that prima facie case
existed against all the applicants. The
applicants are trying to challenge the
registration of the crime based on the
F.I.R. lodged by the complainant with an
ulteriormotivethatthe
respondent/victim would not be able to
get redressal of her grievance. They are
trying to strangulate her case by filing
this unnecessary application. Such
application should have been avoided. The
applicants would also be able to file an
application for discharge if the learned
Magistrate takes cognizance of the case
appln1157.12
2
against them. The application therefore
stands dismissed.
( A.V. NIRGUDE, J. )
sga/
Applicants
Respondent/Victim
A. V. Nirude
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court