Writ petition challenging a non-bailable order denying bail in a matrimonial matter. The petitioners prayed for quashing of the FIR and proceedings.
Rule made absolute to quash FIR No.288/2014 and all proceedings thereunder.
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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wp-1731-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION
WRIT PETITION NO.1731 OF 2016
Gulam Anwar Shaikh and ors. ...Petitioners v/s.
The State of Maharashtra and anr. ...Reespondents
Mr.Surendranath R.Shukla for the Petitioners. Mr.O.P.Dubey for the Respondent No.2. Dr.F.R.Shaikh, APP for the Respondent No.1.
CORAM : A.S.OKA &
A.A. SAYED, JJ.
DATED : 1 SEPTEMBER 2016
P.C.:
For the reasons separately recorded in the Judgment, the following order is passed:
O R D E R
Rule is made absolute in terms of prayer clause (A), which reads
thus:
“(A) That this Hon'ble Court be pleased to quash the FIR and proceedings of FIR No.288/2014 lodged by the Respondent No.2 with Sr.Inspector of Police, Vakola Police Station, Mumbai u/s 498A, 406, 323, 504,34 of I.P.C.;”
(A.A. SAYED, J.)
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Uday.P.Kambli
1 issue framed by the court
Whether the FIR and proceedings under Sections 498A and 406 IPC should be quashed because the allegations are false and vexatious.
5 provisions across 1 enactments
Gulam Anwar Shaikh and ors.
The State of Maharashtra and anr.
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
