Coram held an application under Section 482 Cr.P.C. for quashing of FIR and charge sheet was not entertained as charge sheet was filed, directing applicants to approach the trial court for discharge.
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.
crap3422.15
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
CRIMINAL APPLICATION NO. 3422 OF2015
Damodhar s/o Haribhau Baviskar and ors.
...Applicants
VERSUS
The State of Maharashtra & ors.
...Respondents
Shri A.L.Kanade, advocate for applicants Shri K.S.Patil, A.P.P. for respondent/State
CORAM : A.B.CHAUDHARI & INDIRA K.JAIN, JJ. DATED : 28th SEPTEMBER, 2015
O R D E R :
1] Heard learned counsel for the rival parties.
2] It is not in dispute that charge sheet was filed in January, 2015. Learned counsel for the applicants strenuously contended that the applicants do not have any connection with the offence alleged, and therefore, this application under Section 482 of the Code of Criminal Procedure should be entertained and first information report as well as charge sheet should be quashed.
3] In our opinion, charge sheet having been filed, it would be appropriate for the applicants to approach the trial court for discharge, since it is not possible for this court to evaluate the charge sheet and final report. That being so, we make following order.
O R D E R
(i) Criminal Application No. 3422 of 2015 is not entertained and is disposed of with liberty in favour of applicants to apply for
2crap3422.15
discharge before the trial court. If such application is filed by the applicants, the same shall be decided by the trial court within a period of six months from the date of filing of the application. (ii) Interim order shall continue for another period of four weeks.
[INDIRA K.JAIN, J.] [A.B.CHAUDHARI, J.]
dbm/crap3422.15
Damodhar s/o Haribhau Baviskar and ors.
The State of Maharashtra and ors.
A.B. CHAUDHARI
INDIRA K. JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court