In Criminal Application No. 3320 of 2016, the applicants challenged an FIR. The High Court noted that the charge-sheet was filed in June 2016, rendering interim relief against filing moot. The application was disposed of without framing charge leaving discharge remedy 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.
3320.16appln
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
CRIMINAL APPLICATION NO. 3320 OF 2016
GHANSHYAM S/O NANARAO MOHARKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for applicants: Mr.N.E. Deshmukh
APP for Respondent/State:Mr.D.R. Kale
...
CORAM: S.S.SHINDE & K.K.SONAWANE, JJ. Dated: November 15, 2016
This application takes exception to
the F.I.R. bearing C.R. no.32 of 2016
registered with City Police Station,
Jalgaon, Dist. Jalgaon.
2.When this Court has issued notices on
7th October, 2016, ad-interim relief was
granted to the effect that in case the
charge-sheet is not yet filed not to be
filed till the next date of hearing.
3.The learned A.P.P. appearing for the
3320.16appln
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respondent/State informs this Court that
already the charge-sheet is filed in the
month of June, 2016. In that view of the
matter, leaving open the remedy available
to the applicants to take out the
appropriate application for discharge
before appropriate forum, in case charge
is not yet framed, this application
stands disposed of.
(K.K.SONAWANE, J) (S.S. SHINDE, J)
sga/
3 issues framed by the court
What relief to grant in a criminal application challenging the FIR when the charge-sheet has already been filed.
Whether to extend interim relief against filing of charge-sheet after the charge-sheet has been filed.
In which forum the applicants may seek discharge if charge is not yet framed.
Ghanshyam S/o Nanarao Moharkar and Others
The State of Maharashtra and Anr
S.S. Shinde
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court