Petitioners sought quashing of an F.I.R. and arrest direction alleging fabrication and motive. The court held facts were disputed, no case for quashing was made out, and arrest relief could not be granted without investigation material.
Quashing of F.I.R. dismissed; prayer for arrest of accused not 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.
838.2012 Criminal Writ Petition
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 838 OF 2012
Chandrasen s/o Ishwarrao Patil
& others ... PETITIONERS
VERSUS
The State of Maharashtra
and others ... RESPONDENTS
.....
ShriP.S. Patil, Advocate for petitioners
Smt.Y.M. Kshirsagar, A.P.P. for respondent/ State
.....
CORAM: A.H. JOSHI AND
U.D. SALVI, JJ.
DATED: 24th September, 2012
O R D E R :
1.Heard learned Advocate Shri P.S. Patil
for the petitioners and learned A.P.P. for the
State.
2.According to the petitioner :-
(a)Crime No. 60/2012 of Malakoli Police
Station, Taluka Loha, District Nanded was
registered at the behest of present
petitioners against the accused named
838.2012 Criminal Writ Petition
2
therein.
(b)The said crime was in fact reported
prior in time though was registered later in
time the Crime No. 59/2012 was registered and
the Petitioners have been unlawfully and
falsely implicated as accused in the said
crime.
(c)The said crime No. 59/2012 is in
fact registered on the basis of complaint
lodged by the informants who are amongst the
accused persons in crime No. 60/2012.
(d)The accused named in Crime No.
60/2012 have unauthorizedly made claim for
fishing and in fact assaulted the complainant
and other victims.
(e)Crime No. 59/2012 is registered
against the present petitioners to counter
blast the present petitioners’ complaint in
relation to fishing rights vested with the
petitioners’ society, and is aimed at an
effort of cowing down accused named therein
to forgo exclusiveness of fishing rights.
838.2012 Criminal Writ Petition
3
3.In the background, narrated in foregoing
para petitioners claim that the Crime No. 59/2012
be quashed and direction be given to arrest
respondent No. 4 and other accused persons in
Crime No. 60/2012 registered at Malakoli Police
Station, Taluka Loha, District Nanded.
petition and contents of the annexures that the
grounds on which the quashing is sought are in the
nature of defence to be raised during the trial in
the event a charge sheet is filed.
is evident that present is not the case where
the facts and background on which quashing and
setting aside of the F.I.R. is sought for are
indisputable. Therefore, no case for quashing of
the F.I.R. is made out.
arrest the respondent No. 4 and other accused is
concerned, mandamus against police is prayed.
838.2012 Criminal Writ Petition
4
7.The aspect as to whether accused in Crime
No. 60/2012 should be arrested would depend upon
the material which may be gathered by the
Investigating Officer during the investigation.
Therefore, relief seeking arrest of the respondent
No. 4 and others, as prayed in prayer clause ‘B’
cannot be granted just for the sake of asking.
8. We, therefore, dismiss the petition.
SDM* September-2012/Cri.838.2012
2 issues framed by the court
Whether there is any case for quashing of the F.I.R. based on undisputed facts and background.
Whether mandamus should be granted for arresting the accused in Crime No. 60/2012 at this stage.
Chandrasen s/o Ishwarrao Patil & others
The State of Maharashtra and others
A.H. JOSHI
U.D. SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court