The High Court declined to quash an FIR registered in 2006 pending investigation despite 11 years lapse. It directed the police to file a final report by 31 Oct 2017, leaving the issue of delay for future consideration.
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.
apl-715.15
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sng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.715 OF 2015
Rudolph Anthony Lima and Others. .. Applicants Vs The State of Maharashtra and Another. .. Respondents
Shri Sayaji Dadu Nangre along with Shri Ranjeet M. Pawar for the Applicants. Shri K.V. Saste, APP for the Respondent No.1.
CORAM : A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ
DATED : 24TH MARCH 2017
P.C.
apl-715.15
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Therefore, the investigation is taking time. He has pointed out that there are many technical and legal aspects on the investigation. It is stated that a legal opinion is also sought. The report assures the Court that it will be ensured that a final report is filed at the earliest.
apl-715.15
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2 issues framed by the court
Whether the High Court can exercise extraordinary jurisdiction under Section 482 CrPC to quash an FIR registered in 2006 where investigation is pending.
Whether the delay in investigation warrants the exercise of quashing power.
1 provisions across 1 enactments
Rudolph Anthony Lima
The State of Maharashtra
A.S. Oka
Anuja Prabhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
