Application to quash FIR under Section 379 IPC dismissed as investigation concluded and charge-sheet prepared. High Court denied quashing due to material implicating the applicant, granting liberty to file discharge application post-charge-sheet.
Liberty granted to file for discharge in trial court after charge-sheet 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. 645-14
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 645 OF 2014
Sharanbasappa Sangappa Wale ... Applicant Vs. State of Maharashtra & Anr. ... Respondents
Mr. P. G. Sarda, for the Applicant. Mrs. P. H. Kantharia, APP for Respondent No. 1. Mr. Hanche, PHC B. No. 1378, Mandrup P. S. is present.
CORAM : V. M. KANADE, & P. D. KODE, JJ.
DATE : AUGUST 25, 2014 PC.
. This is an application filed for quashing of FIR No. 85 of 2013 registered with Mandrup Police Station, for the offence punishable under Section 379 IPC. We are informed by the learned APP, on instructions, that charge-sheet is ready and likely to be filed within a short period of time. However, copy of the said charge-sheet could not be given to the accused since he is absconding. In our view, since investigation is over and charge-sheet is being filed, we are not inclined to quash the FIR since there is material which discloses that Petitioner is also involved in the crime. At this stage, we cannot exercise our jurisdiction under Art. 482 Cr. P. C. for quashing the FIR. Criminal application is, therefore, dismissed. However, liberty is granted to the Applicant to file an application for discharge in the trial Court after charge-sheet is filed.
[P. D. KODE, J.] [V. M. KANADE, J.]
Vinayak Halemath
1 / 1
2 issues framed by the court
Whether the High Court should exercise jurisdiction under Article 482 Cr.P.C. to quash the FIR when the investigation is over and charge-sheet is being filed. Whether liberty to file discharge applica
Whether the Fib can be quashed if there is a charge-sheet.
3 provisions across 2 enactments
Sharanbasappa Sangappa Wale
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
