Dismissed

Guru Mahaling Guru Channabrao Shivacharya Maharaj and Ors. v. the State of Maharashtra and Anr.

Bombay HC24 Oct 2016WP/390/2010

Case brief

AI extract

What is this about?

The High Court dismissed a criminal writ petition challenging an F.I.R. registered in 2010. The bench held that entertaining the challenge after six years was untenable, directing the petitioners to seek discharge under Cr.P.C. if a charge-sheet had been filed.

What did the court decide?

Writ petition rejected; petitioners directed to file an application for discharge under Cr.P.C. if a charge-sheet was filed.

Guru Mahaling Guru Channabrao… — Constitutional and Fundamental Rights | Bombay HC (2016)

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cwp390.10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.390 OF 2010

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1) Guri Mahaling Guru Channabrao

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 Shivacharya Maharaj,

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2) Revansidh s/o Madevyya Hiremath,

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3) Rudramuni s/o Madevyya Hiremath,

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4) Trimbak s/o Sambayya Swami

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...PETITIONERS

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 VERSUS

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1) The State of Maharashtra,

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2) Shivshankar s/o Ganpatappa Shete

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...RESPONDENTS

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...

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 Ms. Anjali Dube (Bajpai) Advocate for
 Petitioners.

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 Mr.A.R. Borulkar, A.P.P. for Respondent No.1.
 ...

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CORAM: S.S. SHINDE AND
 SANGITRAO S. PATIL, JJ.

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 DATE : 24TH OCTOBER, 2016

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ORDER :

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. Heard. This Petition questions the F.I.R.

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cwp390.10

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registered in the year 2010. Though there is
interim order that no coercive action should be
taken against the Petitioners, we are not inclined
to entertain the challenge to the F.I.R. after
lapse of six years from the date of registration
of such F.I.R.

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2.In case the Investigating Officer has
filed the charge-sheet and charge is not yet
framed, Petitioners have remedy, under the
provisions of Cr.P.C., to file the application for
discharge before the concerned Court.

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3.In that view of the matter, the Criminal
Writ Petition stands rejected.

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[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]

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asb/OCT16

Guru Mahaling Guru Channabrao Shivacharya Maharaj and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Guru Mahaling Guru Channabrao Shivacharya Maharaj and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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