Application sought quashing of an FIR. Court held that weighing material to assess case strength is not permissible under Section 482 CrPC and rejected the application due to Applicant No. 1's involvement.
Criminal Application for quashing the FIR rejected and dismissed.
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apl-136-17(37)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 136 OF 2017 IN
C. R. NO.288 OF 2016
Lalbabu Ambikalal Gupta & Ors Vs. State of Maharashtra
..Applicants
..Respondent
Mr. A. K. Prajapati for the Applicants Mr. V. B. Kondedeshmukh Addl.PP for the Respondent-State
CORAM :R. M. SAVANT, & SANDEEP K. SHINDE, JJ DATE : 7th AUGUST, 2017
P.C.
1 By the above Criminal Application, the Applicants are seeking the quashing of the FIR registered by the RPF Police Station, Pune being C. R. No.288 of 2016. It is the contention of the Learned Counsel for the Applicants that the said FIR is registered on the hearsay statements of the complainant. The Learned Counsel for the Applicants seeks to rely upon an order passed by a Learned Single Judge of this Court on 13-1-2017 whilst granting the bail to the Applicant No.1. The Learned Additional Public Prosecutor Mr. Kondedeshmukh states that the investigation is in progress.
2 The Learned Counsel for the Applicants wants this Court to embark upon an exercise of weighing the material which is on record till this date to come to a conclusion as to whether case for proceeding with the
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apl-136-17(37)
Applicants is made out. In our view, such an exercise cannot be carried out whilst exercising jurisdiction under Section 482 of the CrP.C.
3 However, having regard to the involvement of the Applicant No.1 as disclosed in the FIR, the relief sought by the Applicants in the above application cannot be granted. The above Criminal Application is accordingly rejected.
[SANDEEP. K. SHINDE, J]
[R.M.SAVANT, J]
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3 issues framed by the court
Whether this Court can weigh material to decide if a case against the applicant is made out while exercising jurisdiction under Section 482 CrPC.
Whether the relief of quashing the FIR should be granted given the involvement of Applicant No.1.
Whether the arguments regarding hearsay and reliance on a bail order justify quashing the FIR.
1 provisions across 1 enactments
Lalbabu Ambikalal Gupta & Ors
State of Maharashtra
R. M. Savant
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
