Application for quashing FIR under Section 482 Cr.P.C. dismissed as FIR discloses commission of offence. Applicants granted liberty to seek discharge upon filing of chargesheet.
Quashing of FIR dismissed. Liberty to file application for discharge if chargesheet is filed.
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.
(APL 4 of 2014)
vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 4 OF 2014
Lakhan Gopaldas Chhabria and Ors. ...Applicants Vs. The State of Maharashtra ...Respondent **********
Mr. R.R. Singh for Applicants Mrs. M.H. Mhatre -APP for the State Ms. Veena Chander Gyanchandani for Respondent No.2
CORAM : V. M. KANADE , & P.D. KODE, JJ.
DATE : SEPTEMBER 1, 2014
P.C. :
1/2
(APL 4 of 2014)
like to file a compilation of documents. We are of the view that at the stage of quashing of FIR, question of filing the compilation of documents does not arise since the Applicants have to prove from the FIR that the ingredients of the offence are not spelt out. We have perused the FIR, it clearly disclose the commission of offence punishable under the provisions of Indian Penal Code and, hence, it will not be possible to quash the FIR at this stage while exercising our inherent jurisdiction under section 482 of Cr.P.C. The Applicants, however, are at liberty to file an application for discharge if chargesheet is filed against them. The Trial Court, if any application for discharge is filed by the Applicants, the same may be considered on merits and in accordance with law. All the contentions raised by the Applicants in this criminal application are kept open. The Trial Court shall not be influenced by the fact that the application for quashing the FIR has been dismissed by this Court. The criminal application is disposed of.
[ V. M. KANADE, J.]
Vaishali Tikam
2/2
1 issue framed by the court
Whether the FIR attracts the charges of sections 141, 143, 392, 354(b), and 323 of IPC warranting quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Lakhan Gopaldas Chhabria 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
