Dismissed

Sudhakar Ashok Sanap v. the State of Maharashtra and Anr.

Bombay HC1 Aug 2014APL/147/2014

Case brief

AI extract

What is this about?

Criminal Application filed for quashing a complaint alleging offences under Sections 306 and 498-A IPC. Court held that investigation was complete and charge-sheet filed, making quashing not possible at this stage. Application dismissed but contentions kept open.

What did the court decide?

Criminal application for quashing the complaint dismissed; contentions kept open; applicant free to apply for discharge.

Sudhakar Ashok Sanap Vs the State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2014)

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(Cri Apl 147 of 2014)

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vat

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION No. 147 OF 2014

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Sudhakar Ashok Sanap ...Applicant Vs. The State of Maharashtra & Anr. ...Respondents **********

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Mr. Chetan Damre for Applicant Mr. J.P. Yagnik -APP for the State **********

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CORAM : V. M. KANADE , & P.D. KODE, JJ. DATE : AUGUST 1, 2014

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P.C. :

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Heard the learned counsel appearing on behalf of the Applicant and the learned APP for the State.

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This application is filed for quashing of criminal complaint filed against the Applicant by the brother of the deceased for the offence punishable under section 306, 498-A of the Indian Penal Code. It is submitted that the deceased was suffering from mental disorder, which fact can be established from the medical certificate which is annexed to the petition. It is submitted that the deceased committed suicide by bolting the door of the room from inside and, thereafter, she hanged herself on the ceiling. It is submitted that the complaint does not disclose the commission of cognizable offence punishable under section 498A and 306 of IPC.

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(Cri Apl 147 of 2014)

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We have perused the complaint. In our view, at this stage, it will not be possible for us to appreciate the material on record, more particularly, since the investigation is over and the charge-sheet is filed, which means there is a material on record to show the involvement of the Applicant in commissioning the said offence. Hence, it will not be possible for us while exercising our writ jurisdiction under Article 226 of the Constitution of India and under section 482 of Cr.P.C. to quash the complaint at this stage. The criminal application for quashing the complaint is dismissed. All contentions raised by the Applicant in this application are kept open. The Applicant is at liberty to file an application for discharge. If such an application is filed, the same may be disposed of expeditiously without being influenced the observation, if any, made by this Court while disposed of the petition.

[P.D. KODE,J.]

[ V. M. KANADE, J.]

Vaishali Tikam

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Sudhakar Ashok Sanap v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sudhakar Ashok Sanap v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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