The High Court rejected a criminal application filed by the applicant to challenge the FIR, observing that the investigation officer had already filed the charge-sheet and the application did not seek discharge.
Application stands rejected.
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5644.2015Cri.Appln..odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.5644 OF 2015
Rukhsana w/o.Nooruddin Chaudhari APPLICANT
VERSUS
The State of Maharashtra
and another
RESPONDENTS
...
Mr.H.I.Pathan, Advocate for the applicant
Mr.VivekH.Kyadal,Advocateholding
Mr.T.M.Tandale, advocate for the respondent
no.2.
Mr.B.V.Virdhe, APP for Respondent – State
...
K.K.SONAWANE,JJ.
Date: 22.11.2016
PER COURT:
1. At the outset, the learned APP informs
this Court that the Investigation Officer has
filed charge-sheet on 21st November, 2015.
This Court on 3rd December, 2015, observed
that charge sheet shall not be filed till the
next date. However, as submitted by the
learned APP the charge sheet was already
filed.
2.On 27th October, 2016, the learned
counsel for the applicant stated before this
Court that the parties are exploring
5644.2015Cri.Appln..odt
2
possibility of amicable settlement. The
learned counsel appearing for the respondent
no.2, on instructions, submits that there is
no slightest possibility of amicable
settlement.
3.In the light of above and in view of
the fact that the charge-sheet is already
filed, we are not inclined to entertain this
application, which takes exception only to
the FIR. Hence the application stands
rejected.
4.However, we make it clear that if
the applicant wishes to file application for
discharge, he would be at liberty to file an
appropriateapplicationbeforethe
appropriate Court for said relief, in case
charge is not yet framed by the concerned
Court.
Sd/- Sd/-
[K.K.SONAWANE] [S.S.SHINDE] JUDGE JUDGE
DDC
1 issue framed by the court
Whether the High Court should entertain a criminal application taking exception only to the FIR when the investigation officer has already filed the charge-sheet.
Rukhsana w/o Nooruddin Chaudhari
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