The Court allowed the application for quashing of FIR on grounds that the charge-sheet was already filed, rendering the application infructuous. Liberty to apply for discharge in the trial court was granted, but the writ petition was dismissed.
Liberty granted to applicant to apply for discharge in the trial court.
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. 37-14
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 37 OF 2014
Vidya Vishnu More ... Applicant Vs. The State of Maharashtra & Ors. ... Respondents
None for the Applicant. Mrs. P. H. Kantharia, APP for Respondent-State.
CORAM : V. M. KANADE, & P. D. KODE, JJ.
DATE : JUNE 18, 2014 PC.
. This is an application for quashing of FIR. It is submitted that charge-sheet has already been filed and therefore, the criminal application has become infructuous. Writ petition is, therefore, dismissed. Liberty, however, is granted to the Applicant to apply for discharge in the trial Court.
Vinayak Halemath
1 / 1
3 issues framed by the court
Whether a writ petition for quashing of FIR is maintainable when the charge-sheet has already been filed.
Whether the criminal application has become infructuous post-filing of charge-sheet.
Whether the applicant is entitled to liberty to apply for discharge in the trial court.
Vidya Vishnu More
The State of Maharashtra
Ors.
V. M. Kanade
P. D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
