Court disposed of a criminal application to quash FIR because no applicant appeared and copies of notice to respondents could not be supplied. Charge sheet filed during pendency.
Application disposed without entertaining request to quash FIR due to absence and lack of service.
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apl437
1
ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.437 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
None for the Applicant
Dr.F.R.Shaikh, APP for the Respondent Nos.1 to 3.
CORAM :A.S.OKA AND
P.D.NAIK,JJ.
DATE : APRIL 22, 2016
P.C.
1None appears for the applicant. The
copies of the application for effecting
service of notice to the respondent
No.4 are not supplied. The learned APP
states that during the pendency of this
Application, charge sheet has been
filed by the police. We accept the
said statement.
2In view of the statement made by
the learned APP, this application under
section 482 of the Code of Criminal
Procedure,1973 for quashing the FIR
cannot be entertained. Accordingly,
application is disposed of. However,
remedy of the applicant is kept open.
1 issue framed by the court
Whether a criminal application under Section 482 CrPC for quashing FIR can be entertained when the applicant has not appeared and notices cannot be served on the respondent.
1 provisions across 1 enactments
unnamed applicant
unnamed respondent
A.S. Oka
P.D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court