Dismissed

Shafir Ahamad Sahabali Chawdhary and Anr. v. the State of Maharashtra and Anr.

Bombay HC22 Sept 2015APL/400/2015

Case brief

AI extract

What is this about?

The High Court dismissed the criminal application seeking quashing of the FIR and transfer of investigation. The court held that since the investigation was complete and chargesheet was filed, the applicants had the alternative remedy of moving the trial court for discharge. The court expressly kept the merits of the matter open.

What did the court decide?

The Criminal Application to quash the FIR and request transfer of investigation is dismissed. Applicants are free to approach the Magistrate for other reliefs.

Shafir Ahamad Sahabali Chawdhary and Anr. Vs the State of… — Quashing and FIR | Bombay HC (2015)

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1 / 3 APL/ 400/ 15

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Tapadia RR/B.914

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 400 OF 2015

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Mr. Shafir Ahamad Sahabali Applicants Chawdhary and Anr.

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The State of Maharashtra and Anr.

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.. Respondents

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Mr. Sudhir C. Halli, Advocate for Applicants. Mrs.U.V.Kejriwal, A.P.P. for Respondent no.1-State. P.S.I.Sandeep Mane, present.

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CORAM : RANJIT MORE & R.G.KETKAR,JJ. DATE : 22^nd SEPTEMBER, 2015.

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PC:

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Heard Mr. Sudhir Halli, learned counsel for the applicants

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and Mrs U.V.Kejriwal, learned A.P.P for respondent no.1-State.

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The Application is filed for the following reliefs:

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“(a) That the Hon'ble court in the lights of fact and circumstances mentioned herein above be pleased to quash and set aside the F.I.R. registered with Wadala T.T.Police Station, Mumbai vide C..R.No.30 of 2015, under sections 326, 323, 504, 506 r/w 34 of Indian Penal Code, 1860.

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(b) This Hon'ble Court may kindly be transfer the investigation of C.R. No.29 of 2015 registered with P.S.Wadala T.T. to any other police officer not below the rank of Police Inspector of same police station or any other police station.”

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Mr. Halli, at the outset, states that, at this stage, he does

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not press the relief claimed in the prayer clause (b). His statement is accepted.

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Learned A.P.P., Mrs Kejriwal, having taken instructions from

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2 / 3 APL/ 400/ 15

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the concerned officer, Mr. Sandeep Mane, who is present in Court, makes a statement that in both the C.Rs., i.e. C.R.No.30 of 2015 and C.R.No.29 of 2015, investigation is complete and chargesheet is ready. In support of her statement, she produced for our perusal copy of chargesheet in the said C.Rs.

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In the above circumstances, we are of the opinion that so far as the relief claimed in prayer clause (a) is concerned, the applicants have an alternative remedy to apply for discharge before trial court. We are, therefore, not inclined to entertain this prayer. Nonetheless, applicants are at liberty to apply to the concerned Magistrate for appropriate reliefs.

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Subject to above, the Criminal Application stands dismissed.

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It is expressly made clear that we have not gone into merits of the matter and points and contentions of the parties in this regard are expressly kept open.

(R.G.KETKAR, J.)

(RANJIT MORE,J.)

3 / 3 APL/ 400/ 15

C E R T I F I C A T E

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Certified to be true and correct copy of the original signed order.

Shafir Ahamad Sahabali Chawdhary and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shafir Ahamad Sahabali Chawdhary and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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