Criminal BENCH AT AURANGABAD held that allegations in the FIR prima facie disclose offenses. Application for quashing of FIR under Section 482 CrPC was rejected holding that similar cause of action in criminal cases cannot be read in any other way.
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1 Cri.A-4193-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4193 OF 2016
Smt. Meenu Onkarnath Singh and others ...APPLICANTS
versus
The State of Maharashtra and another ...RESPONDENTS
Application stands dismissed as against applicant No. 1 as per Court's order dated 16-09-2016
Mr. R.A. Jaiswal, Advocate holding for Mr. Nilesh S. Ghanekar, Advocate for applicants Mr. A.A. Jagatkar, APP for respondent No. 1– State Mr. S.S. Randive, Advocate holding for Mr. G.M. More, Advocate for Respondent No. 2
CORAM : S.S. SHINDE, AND K.K. SONAWANE, JJ.
DATED : 29th NOVEMBER, 2016.
Order :-
2 Cri.A-4193-16
matrimonial house and they never came at Aurangabad. Even if the allegations in FIR are read in its entirety no offences alleged against applicants are disclosed, therefore, learned counsel submits that application for quashing FIR may be allowed.
3 Cri.A-4193-16
statements of witnesses, we are of the opinion that prayers for quashing of FIR deserves no consideration, hence, application for quashing the FIR stands rejected. The observations made herein before are prima facie in nature and confined to the adjudication of the present application.
Sd/-
Sd/-
[ K. K. SONAWANE, J.] [ S.S. SHINDE, J.]
MTK
2 issues framed by the court
Whether the prayer for quashing of the FIR deserves consideration in the present facts.
Whether the allegations in the FIR prima facie disclose an offense.
1 provisions across 1 enactments
Smt. Meenu Onkarnath Singh and others
The State of Maharashtra
K.K. Sonawane
S.S. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
