The High Court dismissed an application seeking quashment of criminal proceedings for theft and mischief. The holding sited that investigation was required to determine the genuineness of the complaint, pending investigations of previous cases between the parties.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5714 OF 2011
Raju s/o. Mansaram Chavan
..Applicant
Versus
The State of Maharashtra & Ors.
..Respondents
Mr. A.B. Madke, Advocate for the applicant.
Mrs.R.K. Ladda, A.P.P. for respondent No.1/State.
CORAM : A.V. NIRGUDE,J. DATED : 24.04.2012
P.C. :-
1. The applicant are seeking quashment of Criminal Proceeding initiated vide Crime No. 177 of 2011 of Pachod Police Station, Dist. Aurangabad. It is alleged in the complaint that the applicant committed theft and mischief during the night between 28th and 29th October, 2011. It is alleged that they entered the agricultural field of the complainant and took away cotton and caused damage to Mosambi trees. The complaint was lodged and the offence is registered against the applicant, because he is named in the F.I.R. The investigation is still pending. It is, therefore, a case where the investigation is required to be done, so as to find out whether the complaint is false or otherwise.
2.At this stage, I am unable to say that the
complaint is false. Even if it is admitted that there is
longstanding enmity between the applicant and the
complainant and several other cases are initiated by the
applicant against the complainant and his party-men, I
cannot assume that present complaint is false one and
filed as counter to the earlier complaint. As said
above, the police should be allowed to investigate into
the case and take suitable action against the applicant.
They may even send “B” summary report, if they find that
the complaint was false. The Criminal Application stands
dismissed.
snk/2012/APR12/cria5714.11
2 issues framed by the court
Whether a criminal proceeding for theft and mischief can be quashed at the application stage pending investigation.
Whether allegations of enmity between the parties justify quashing the complaint.
Raju s/o. Mansaram Chavan
The State of Maharashtra
A.V. Nirgude
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court