This single-paragraph order disposed of a Criminal Application seeking quashing of an FIR. The court held that the FIR was under investigation and no prima facie case for inherent jurisdiction existed.
Application stands rejected; FIR remains under investigation.
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.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
______________________________________________________ CRIMINAL APPLICATION NO. 87 OF 2015
NASER PATEL S/O ABDUL WAHED PATEL AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicants : Mr.Kazi S.S. APP for Respondents/State: Mrs. S.G. Chincholkar.
CORAM : S.S. SHINDE & A.M. BADAR, JJ. Dated: FEBRUARY 02, 2015
Heard.
2 It is contention of the learned Counsel or the applicants that there is delay in lodging FIR. It is further submitted that the MLC report would unequivocally indicate that the complainant suffered injuries in the accident. The complainant himself has stated that he slipped due to accident. He further submits that even, the other witnesses who have seen the incident, have stated that the complainant fell down due to accident. According to the Counsel for the applicants, a false complaint
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has been filed by the complainant belatedly. Therefore, he submits that the FIR may be quashed.
3 On the other hand, learned APP appearing for the State, relying on the FIR and medical evidence, would submit that, prima facie, it appears that due to assault by the applicants, complainant fell down and it is not a case of accident.
4 On careful perusal of the allegations in the FIR and documents placed on record, it appears that the complainant was hit by hockey stick and as a result, he collapsed from motorcycle and became unconscious. Therefore, delay in lodging FIR cannot be taken as a ground to quash FIR. Apart from that, prima facie, medical evidence shows injuries sustained by the complainant. It further appears that MLC was written by a person who took the complainant to the hospital. Therefore, at this stage, FIR is under investigation. In our opinion, no case is made out to invoke inherent jurisdiction under Section 482 of Cr.P.C.
Application stands rejected.
kadam/
1 issue framed by the court
Whether the FIR should be quashed on account of alleged delay in lodging and lack of false implication?
NASER PATEL AND OTHERS
THE STATE OF MAHARASHTRA
S.S. SHINDE
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
