Disposed

Narendra Darbar Singh and Ors. v. the State of Maharashtra and Anr.

Bombay HC26 Apr 2018APL/788/2016

Case brief

AI extract

What is this about?

The court disposed of two criminal applications filed to quash proceedings pending on a status report. It held that if the investigating agency converts the report into a closure report due to lack of sanctions, the cause of action for the applications ceases to exist, allowing disposal with liberty for further remedy if needed.

What did the court decide?

The criminal applications were disposed of with liberty to avail appropriate remedy if the occasion so arises.

Narendra Darbar Singh and Ors. Vs the State of… — Criminal Trial and Appeal | Bombay HC (2018)

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Dusane 1 914 apl 787-788.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.787 OF 2016

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Lt. Commander Rajesh C. Sasidharan … Applicant Versus The State of Maharashtra & Anr. … Respondents

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ALONGWITH

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CRIMINAL APPLICATION NO.788 OF 2016

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Narendra Darbar Singh & Ors. … Applicants Versus The State of Maharashtra & Anr. … Respondents

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Mr. A.S. Khandeparkar a/w Ms. Apoorva A. Khandeparkar for the Applicants. Mrs. A.S. Pai with Mrs,. P.P. Shinde, Additional P. P. for State. Mr. U.S.R. Singh for Respondent no.2.

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Smt. Lata Sambhaji Donde, ACP.,

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Mr. Sanjay S. Karambe, Senior PI, Yellowgate Police Station present.

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CORAM :- R. M. SAVANT &

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SARANG V. KOTWAL, JJ. DATE :- 26TH APRIL, 2018

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P. C. :-

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1 The learned Additional PP, on instructions, informs us that

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the status report, which is filed before the concerned learned Magistrate would be sought to be amended by filing an application to

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the effect that the said status report be treated as a closure report in

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Dusane 2 914 apl 787-788.doc

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view of the fact that the Central Government has refused to grant sanction. In view of the said statement, if an application to the effect stated by the learned Additional PP is filed, undoubtedly the learned Metropolitan Magistrate would be required to follow a particular course of action either accepting the closure report or rejecting it. The learned Metropolitan Magistrate may expedite the process and complete the same latest by 30^th June, 2018. It would be contingent upon the decision that would be rendered by the learned Metropolitan Magistrate that the future course of action can be adopted by the respective parties. It is, therefore not necessary to keep the above applications pending, in view of the fact that the investigating agency proposes to convert the status report into a closure report, as then the cause of action for filing the above Criminal Applications do not survive. The Criminal Applications are accordingly disposed of with liberty to the parties to avail of the appropriate remedy if the occasion so arises.

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(SARANG V. KOTWAL, J.)

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(R. M. SAVANT, J.)

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Narendra Darbar Singh and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Narendra Darbar Singh and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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