The High Court dismissed two concurrent criminal applications for procedural irregularities, identifying incorrect identification of first informants as a fatal error going to the root of the matters.
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.
apl-68-69-15.doc
rpa 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.68 OF 2015 AND CRIMINAL APPLICATION NO.69 OF 2015
Office Notes, Office Memorandam of appearances, Court's or Judge's orders Court's orders or directions & Registrar’s orders.
Mr. Satish B. Sakat, Advocate for the Applicants. Mr. D. P. Adsule, APP for the Respondent No.1.
CORAM : A.S. OKA AND P.D. NAIK, JJ.
DATED : MAY 2, 2016.
P.C.
It appears that while filing these applications, there are errors committed which is go to the root of the matters. In application No.68 of 2015, the prayer is for quashing the CR No. 7 of 2015 registered at Trombay Police Station wherein the first informant is Shri Swapnil Kashid. However, the application proceeds on the footing that the respondent no.2 Ravi Pawar is the first informant.
rpa
2/2 apl-68-69-15.doc
2 In criminal application No.69 of 2015, the prayer is for quashing the First Information Report bearing CR No.14 of 2015, registered at Trombay Police Station wherein the first informant is Shri Ravi Pawar. However, the application proceeds on the footing the 2nd respondent Shri Swapnil Kashid is the first informant.
3 Accordingly, we dispose of both the applications by granting liberty to the applicants to file a fresh application for seeking the same reliefs after incorporating the correct averments and after impleading the correct first informant.
(P.D. NAIK, J.) (A.S. OKA, J.)
A.S. OKA
P.D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
