This court rejected the applicant's petition seeking quashing of a first information report. The court held that doing so would forestall an investigation where the forensic opinion indicated a homicidal cause of death.
Application for quashing of FIR rejected; proceedings to continue.
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.
1
APL110-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Application (APL) No. 110/2016 (Pratik Pawan Borele and another .vs. State of Maharashtra and another )
------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Court's or Judge's orders.
Mr. M.V. Samarth, Advocate for Applicants. Mr. J.Y. Ghurde, APP for Respondent No.1. Mr. A.P.Kalmegh, Advocate for Respondent No.2.
CORAM : B.R. Gavai & Mrs. Swapna S. Joshi, JJ. DATED : April 27, 2016.
The petitioner has approached this court praying for quashing and setting aside the first information report No.225 of 2014 dated 28.06.2014. 2. It is the contention of the petitioner that there is absolutely no material against the applicants and as such the continuance of the present proceedings is nothing but an abuse of process of law.
2
APL110-16.odt
amount to forestalling the investigation and the filing of the charge-sheet wherein prima facie the investigating agency has found the cause of death to be homicidal. The application is, therefore, rejected.
JUDGE
JUDGE
halwai
2 issues framed by the court
Whether the first information report should be quashed in view of the lack of material against the applicants.
Whether the petitioners' prayer would amount to forestalling the investigation into a homicidal death.
1 provisions across 1 enactments
Pratik Pawan Borele and another
State of Maharashtra and another
B.R. Gavai
Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
