The High Court dismissed the criminal application seeking quashing of an FIR under section 124 of the Bombay Police Act. The bench held that mere registration of FIR is not a ground for quashing, especially when investigation is ongoing.
Criminal Application dismissed; no quashing of FIR.
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.
(Cri. Apl 178 of 2014)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 178 OF 2014
Mohmmad Iqbal @ Bhola and Ors. ...Applicants Vs. The State of Maharashtra ...Respondents
**********
None for Applicants
Ms. M.H. Kantharia -APP for the State **********
CORAM : V. M. KANADE , & P.D. KODE, JJ.
DATE : JUNE 16, 2014
P.C. :
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(Cri. Apl 178 of 2014)
closed. At this stage, merely because the FIR is registered against the Applicants that cannot be a ground for quashing the same. Hence, we are not inclined to entertain this criminal application which is filed under section 482 of Cr.P.C. Criminal Application is dismissed.
[P.D. KODE,J.] [ V. M. KANADE, J.]
Vaishali Tikam
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2 issues framed by the court
Whether the registration of FIR under section 124 of Bombay Police Act warrants quashing at this stage when investigation is pending.
Whether the absence of material evidence at the FIR stage is a valid ground for quashing under section 482 Cr.P.C.
2 provisions across 2 enactments
Mohammad Iqbal @ Bhola and Ors.
The 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
