The High Court refused to entertain a criminal application under section 482 Cr.P.C. seeking leave to amend chargesheet challenging FIR. The court held the applicant could file appropriate proceedings elsewhere, keeping merit contentions open.
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.
rsk 1 APL-655-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.655 OF 2016 IN
C.R. NO.111 OF 2016
Kalpesh Ramchandra Dandekar @ Wadekar
...Applicant/ Org. Accused
vs.
State of Maharashtra & Anr.
...Respondents
...
Ms. Saroj Jadhav i/b. Ms. Mallika A. Ingale for the applicant. Dr. F. R. Shaikh, APP for respondent No.1.
…
CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 8th JULY, 2016.
P.C. :
Not on board. Taken on board.
rsk 2 APL-655-16.doc
entertain this application under section 482 of Cr.P.C. However, it will be open for the applicant to file appropriate proceedings before the appropriate Court.
(A.A. SAYED, J.) (A.S. OKA, J.)
3 issues framed by the court
Whether the criminal application under section 482 Cr.P.C. to amend the chargesheet challenging the FIR can be admitted.
Whether the father's consent is relevant in a case involving a minor victim for proceeding with the charge.
Whether the application to amend the chargesheet should be entertained.
1 provisions across 1 enactments
Kalpesh Ramchandra Dandekar @ Wadekar
State of Maharashtra
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
