In a criminal application seeking quashing of an FIR under Section 482 CrPC, the court held that since the complaint disclosed a cognizable offence, it lacked jurisdiction to quash the proceedings. The application was dismissed.
Application for quashing the FIR and criminal proceedings was dismissed.
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.
9-apl-160-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.160 OF 2014
Rohit A. Vyas & Ors....Applicants
vs.
State of Maharashtra & Anr....Respondents
Mr.Girish Kulkarni i/b.Jayant Bardeskar,
Advocate for the applicants.
Mrs.M.H.Mhatre, APP for the State.
Mr.M.R.Pande, Advocate for the respondent No.2
CORAM : V.M. KANADE &
P.D. KODE JJ.
JUNE 17, 2014
P.C.
.Heard the learned counsel appearing on
behalf of the applicants and the learned counsel on
behalf of the respondents.
2.Application is filed under Section 482 of
the Code of Criminal Procedure for quashing and
setting aside the F.I.R. and criminal proceedings
registered at the L.T.Marg police station vide
C.R.No.27 of 2014 for the offence punishable under
Sections 342, 323, 504, 506, 143, 147 and 149 of
the Indian penal Code.
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9-apl-160-2014
3.We have perused the complaint. The
averments made in the complaint clearly discloses
the commission of the cognizable offence. It is
well settled position in law that if F.I.R.
discloses a commission of a cognizable offence,
then Court can not exercise its jurisdiction for
quashing the complaint under Section 482 of the
Code of Criminal Procedure. We are therefore, not
inclined to entertain this application for quashing
the F.I.R. Application therefore is, dismissed.
4.All contentions raised by the applicants
are kept open.
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1 issue framed by the court
Whether the High Court can exercise jurisdiction to quash an FIR under Section 482 CrPC when the FIR discloses a cognizable offence.
1 provisions across 1 enactments
Rohit A. Vyas & Ors
State of Maharashtra
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court