Application seeking quashing of FIR was rejected. The court held that allegations in the FIR are serious, disclose offence ingredients, and require investigation, especially given overt acts attributed to applicants.
F.I.R. quashing application rejected.
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3838.16appln
1
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. 3838 OF 2016
BASIT S/O ABDUL QUADER SHAIKH AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for applicants : Mr.G.G. Suryawanshi
APP for Respondent/State: Mr.S.W. Mundhe
Advocate for Respondent no.2: Mr.S.G.
Nandedkar
...
CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ. Dated: October 14, 2016
Heard the learned counsel appearing
for the applicants, the learned A.P.P.
appearing for the Respondent/State and
the learned counsel appearing for
Respondent No.2.
2.We have perused the contents of the
F.I.R. Not only the applicants are named
in the F.I.R. but overt acts are
attributed to them. The allegations made
in the F.I.R. are of serious in nature,
3838.16appln
2
which need investigation. The allegations
in the F.I.R. disclose the ingredients of
the offences alleged against the
applicants.
3.It is the contention of the learned
counsel appearing for the applicants that
applicant Nos. 3 and 4 are residing
separate cannot be a ground to quash the
F.I.R.consideringthespecific
allegations made against the. No case is
made out to quash the F.I.R. The
application stands rejected.
(SANGITRAO S.PATIL, J) (S.S. SHINDE, J)
sga/
1 issue framed by the court
Whether the FIR can be quashed considering specific allegations made against the applicants including their separate residence.
Basit S/o Abdul Quader Shaikh And Ors.
The State of Maharashtra And Anr
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court