Rani Prabhakar Nair and Anr. v. the State of Maharashtra
Case brief
What is this about?
The applicants, who are absconding accused charged under MCOCA and IPC, filed a Criminal Application seeking to quash the FIR and production order. The High Court rejected the application, holding that they should not exploit the court process by filing it while evading law enforcement.
What did the court decide?
Application u/s 482 CrPC rejected as applicants are absconding accused misusing court process.
What the court decided
Cr.Appln.986/16
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.986/2016
1] Sow.Rani Prabhakar Nair,
age 60 yrs., occu.Retired,
r/at B/13/35, Upper Indira Nagar,
Bebiwewadi, Pune – 411037.
2] Sau.Jyoti Bapu Nair,
age 30 yrs., occu.housewife,
R/at B/13/35, Upper Indira Nagar,
Bebiwewadi, Pune – 411037.
..APPLICANTS..
VERSUS
State of Maharashtra,
Through the I.O., DCP Zone II,
Pune.
..RESPONDENT..
…..
Issues for consideration
3 issues framed by the court
Whether the High Court should entertain a Criminal Application under Section 482 CrPC filed by absconding accused seeking to quash FIR and prosecution under MCOCA.
Whether the prima facie evidence gathered by the prosecution is sufficient to proceed against absconding applicants who failed to appear in court.
Whether the injunction order should be allowed during the pendency of proceedings against absconding applicants.
Parties & counsel
- applicant
Sow.Rani Prabhakar Nair
- applicant
Sau.Jyoti Bapu Nair
- respondent
State of Maharashtra
Coram
Case details
As recorded by the court registry
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