The High Court quashed FIR-related charges upon settlement, noting non-injury to complainants. It directed police to cease recording accused statements admitting guilt and imposed costs on the applicant.
FIR and charge sheet quashed; directed police to stop recording accused statements admitting guilt; applicant ordered to pay costs.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 332 OF 2017
Mr. Fahim Ansari. .. Applicant. Vs State of Maharashtra and Another. .. Respondents
Shri Fauzan Shaikh for the Applicant. Ms. M.H. Mhatre, APP for the Respondent No.1. Shri Sachin Kamble for the Respondent No.2.
CORAM : A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ
DATED : 24TH MARCH 2017
ORAL JUDGMENT ( PER A.S. OKA, J)
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ORDER :
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quash and set aside the C.C. No.1296/PS/2015 pending before the Ld. Addl./Chief Metropolitan Magistrate 28th Metropolitan Magistrate Court, Esplanade, Mumbai and FIR No.50/2015 registered for the offences punishable under section 279, 336 and 427 IPC read with 184 of the Motor Vehicle Act 1988 filed by the Respondent No.1 L T Marg Police Station.”
(c) The Commissioner of Police will note that in the present case, the Investigating Officer has purported to record a statement of the Applicant and has taken thumb impression of the Applicant on the said statement which is made a part of the chargesheet. It will be appropriate if the Commissioner of Police issues directions to all the Police Stations in Mumbai to stop such practice of recording statements of the accused persons incorporating admission of guilt. Necessary action shall be taken by the Commissioner of Police within a period of one month from the date of receipt of a copy of this order;
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(SMT.ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )
2 issues framed by the court
Whether the power under Section 482 CrPC should be exercised to quash criminal proceedings based on settlement and non-heinous nature of offences.
Whether the practice of recording statements by police incorporating admission of guilt should be stopped.
3 provisions across 3 enactments
Suresh Gawade
State of Maharashtra
Respondent No.2
A.S. Oka
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
