Rajesh Premchand Aggarwal Vs the State of Maharashtra and Ors.

2 The prayer in this Petition under Article 226 of the Constitution of India is for quashing the FIR. It is not in dispute that after completion of investigation, charge-sheet has been filed. The learned Counsel appearing for the Petitioner submitted that the Complainant who filed a complaint on the basis of which order under Section 156(3) of the Code of Criminal Procedure, 1973 was passed had no locus. He, therefore, submitted that the Petitioner

¶14

Talwalkar 1/2

¶15

2 51.wp1655.12.sxw

¶16

may not be relegated to the remedy of filing of discharge application.

¶17

3 Since after completion of investigation, charge-sheet has been filed, statutory remedy is available before the Trial Court. In the event, the Petitioner does not succeed before the Trial Court while challenging the order of the Trial Court by filing appropriate proceedings, the contentions raised by the Petitioner will always remain open.

¶18

4 Hence, we dispose of the Petition by keeping statutory remedy of the Petitioner open. All contentions raised by the Petitioner are kept open.

¶19

( SMT. SADHANA S. JADHAV , J) (A.S. OKA, J.)

¶20

Talwalkar

¶21

2/2

Rajesh Premchand Aggarwal v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Premchand Aggarwal v. the State of Maharashtra and Ors.

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

Case details

Similar cases

Charulata Rajendra Chavan and Anr. Vs the State of Maharashtra and Ors.

Swapnil Sanjay Tahsildar Vs the District Magistrate Kolhapur and Ors.

M/S. Voltas Ltd. Vs the Union of India and Others

Hanmant Jalindar Langar Vs the State of Maharashtra and Ors.

Govind Tukaram Lad Vs the State of Maharashra and Ors.

Sikandar Shripal Singh Vs the State of Maharashtra and Anr.