The High Court held that it cannot entertain an application for quashing an FIR where the applicant society is not named as an accused. It directed that if office bearers are accused separately, they may avail appropriate remedies thereupon.
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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apl-207.16
ash
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.207 OF 2016
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
ms. Pooja Singh i/b Shri N.R.Bubna for the Applicant. Dr. F.R. Shaikh, APP for the Respondent No.1.
CORAM : A.S. OKA & A.A.SAYED, JJ DATED : 24TH OCTOBER 2016
P.C.:
. The Applicant which is an Urban Co-operative Society is not shown as accused in the impugned First Information Report. Therefore, the Application for quashing the FIR under Section 482 of the Code of Criminal Procedure, 1973 cannot be entertained at the instance of the Applicant. If any of the office bearers of the Applicant are shown as accused, they can always avail of the appropriate remedy.
(A.A. SAYED, J)
1 issue framed by the court
Whether a criminal application for quashing an FIR in which the society is not shown as accused can be entertained.
1 provisions across 1 enactments
Farad Urban Co-operative Society
Respondent No.1
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court