Partly allowed

Prashant S/O Shrawan Shahare v. State of Mah. Thr. P.S.O. Kamptee and Anr.

Bombay HC27 Feb 2013APL/36/2012

Case brief

AI extract

What is this about?

The High Court quashed an FIR and the preceding order under Section 156(3) CrPC, finding the Magistrate failed to apply his mind and identify the accused properly. The Court remanded the matter for a fresh order after hearing the respondent.

What did the court decide?

Order under Section 156(3) CrPC and FIR No. 171 of 2011 quashed; Magistrate directed to pass fresh order after hearing respondent no.2.

Prashant S/O Shrawan Shahare Vs State of Mah. Thr. P.S.O… — Quashing and FIR | Bombay HC (2013)

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR

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CRIMINAL APPLICATION (APL) NO. 36 of 2012.

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Prashant Shrawan Shahare

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..vs..

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State of Mah. through P.S.O.P.S.Kamptee Taluka Kamptee, Distt.Nagpur and others.

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Office Notes, Office Memorandum of Coram appearances, Court's or Judges Order Court's orders or directions & Registrar's orders.

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Mr.M.P.Kariya, Adv. for the applicant. Mrs.Ketki Joshi, APP for the State. Mr.P.S.Tidke, Adv. for respondent no.2.

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CORAM: A.P. LAVANDE AND

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A.B.CHAUDHARI, JJ.

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DATED : 27^th FEBRUARY, 2013.

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Heard Mr.Kariya, learned counsel for the applicant and Mrs.Joshi, learned APP for the State.

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By this application filed under Section 482 of the Code of Criminal Procedure, the applicant has challenged an order passed under Section 156(3) of the Code of Criminal Procedure by the Judicial Magistrate (F.C.), Kamptee and consequent registration of FIR against him by Officer in charge of Kamptee Police Station under Sections 420, 467, 468, 471 and 472 r/w 34 of the Indian Penal Code.

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Respondent no.2 filed a complaint under Section 190 read with Section 200 of the Code of Criminal Procedure against the present applicant and two others. On the said complaint, the learned Magistrate passed the following order on 22/9/2011.

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“Call report under Section 156(3) of the Code of Criminal Procedure.”

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Perusal of the complaint and order passed thereon by the learned Magistrate discloses that the learned Magistrate had not even observed as to whether complaint discloses any cognizable offence to warrant investigation under Section 156(3) of the Code of Criminal Procedure. Moreover, it is pertinent to note that in the complaint name of accused no.2 is only mentioned as ‘Sahare’. It is, admittedly, the surname and not the full name. The learned Magistrate without confirming identity of one of the accused passed an order under Section 156(3) of the Code of Criminal Procedure which clearly discloses non-application of mind on his part. In view of the above, we are inclined to set aside the order passed under Section 156(3) of Cr.P.Code and consequently FIR No. 171 of 2011 dated 5/10/2011 registered for the offences punishable under Sections 468, 471, 472 read with 34 of the Indian Penal Code. The learned Magistrate is directed to pass a fresh order in accordance with law after giving an opportunity of being heard to respondent no.2 only. With the above directions, the application stands disposed of.

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JUDGE JUDGE.

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chute

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Prashant S/O Shrawan Shahare v. State of Mah. Thr. P.S.O. Kamptee and Anr.

Case brief

What is this about?

What did the court decide?

Prashant S/O Shrawan Shahare v. State of Mah. Thr. P.S.O. Kamptee and Anr.

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

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