This order disposed of a writ petition seeking quashing of an FIR and a related criminal application, granting liberty to file a fresh petition if the Magistrate rejects the 'C' summary report.
Petition disposed of; liberty granted to file fresh petition if 'C' summary report is not accepted by Magistrate.
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.
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15 cri wp 3836.12 with appw as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3836 OF 2012
Smt. Lata Srichand Talreja & Ors. ….. Petitioners
V/s
Shri Rakesh Liladhar Parekh & Ors. ….. Respondents
WITH CRIMINAL APPLICATION NO.33 OF 2013 IN CRIMINAL WRIT PETITION NO.3836 OF 2012
Shri Rakesh Liladhar Parekh ….. Applicant. V/s Smt. Lata Srichand Talreja & Ors. ….. Respondents
Mr. Uday P. Warunjikar a/w Mr. Akhlaque Solkar, M.S. Solkar for the Petitioners.
Mr. Kamlesh Mishra i/b M/s. Law Juris for the Applicant in Application No.33 of 2013.
Mr. K.V. Saste, APP for the Respondent Nos.1 to 3.
CORAM : A.S. OKA &
A.A. SAYED, JJ. DATED : 26 SEPTEMBER 2016
ORDER:
1 The learned APP on instructions of Mr. P.N. Kalange, API,
Chembur Police Station states that the Investigating Officer shall file a
report claiming 'C' summary before the learned Magistrate within a period
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15 cri wp 3836.12 with appw as.doc
of one week from today. We accept the said statement. In view of this statement, it is not necessary to keep the present Petition seeking quashing of the First Information Report pending.
2 Needless to add that the learned Magistrate after issuing notice to the First Informant and after giving him an opportunity to file protest Petition, shall pass an appropriate order on the report claiming “C” summary. In the event, the report claiming 'C' summary is not accepted, we grant liberty to the Petitioner to file a fresh Petition seeking the reliefs which are claimed in this Petition. Accordingly, subject to what is observed above, Petition is disposed of. Rule is discharged.
3 Criminal Application No.33 of 2013 does not survive and the same is disposed of.
(A.A. SAYED, J.) (A.S. OKA, J.)
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Smt. Lata Srichand Talreja & Ors.
Shri Rakesh Liladhar Parekh & Ors.
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
