The High Court of Judicature at Bombay dismissed a writ petition seeking quashing of an FIR. The petition failed as the report submitted confirmed the petitioner had not been arraigned as an accused, rendering the grievance non-survivable.
Writ petition dismissed; the report dated 15/06/2018 taken on record.
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.
(904) wp-627.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.627 OF 2011
Hiradevi Ghanshyamdas Dubey : Petitioner. Versus Sr. Inspector of Police Kasturba Marg Police Station Borivli (East), Mumbai and ors. : Respondents.
Mr. V R Kasle i/by M/s. Ram & Co. for the Petitioner. Mr. V B Konde-Deshmukh, Addl. PP for the Respondent/State. PI - Mr. Sudhir G Sankhe, North Control Room, Kasturba Marg Police Station present.
CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ. DATE : 15th JUNE 2018
P.C.
1 The above Writ Petition has been filed seeking quashing and
setting aside of the FIR lodged by the Respondent No.2 for the offences punishable under Sections 66(1)(B) 2, 68 and 83 of the Bombay Prohibition Act.
2 The learned Additional Public Prosecutor Shri V B KondeDeshmukh submits a report dated 15/06/2018 of the Inspector of Police, Kasturba Marg Police Station, Mumbai. In the said report it is mentioned that the Petitioner herein has not been arraigned as an accused in the said case as can be seen from the record.
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(904) wp-627.11
3 If that be so, the grievance of the Petitioner in respect of the FIR in question does not survive. The above Writ Petition to accordingly stand disposed of. The report dated 15/06/2018 of Police Inspector Mr. Ravindra Avhad of Kasturba Marg Police Station is taken on record and marked as “X” for identification.
[REVATI MOHITE DERE, J]
[R.M.SAVANT, J]
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1 issue framed by the court
Whether the grievance regarding the FIR survives since the petitioner has not been arraigned as an accused in the case.
1 provisions across 1 enactments
Hiradevi Ghanshyamdas Dubey
Sr. Inspector of Police Kasturba Marg Police Station Borivli (East)
R. M. Savant
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
