The Bombay High Court at Goa disposed off a criminal writ petition seeking quashing of an FIR upon the filing of the final report under Section 173 CrPC by the Judicial Magistrate, allowing the Magistrate to proceed with the case.
The criminal writ petition was disposed off with no order as to 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 BOMBAY AT GOA
CRIMINAL WRIT PETITION NO. 22 OF 2019
SURINDER JINDAL AND ANR., ... Petitioners
Versus
POLICE INSPECTOR, CALANGUTE POLICE
STATION, CALANGUTE AND 2 ORS., ... Respondents
Adv. Rohit Bras De Sa with Adv. V. Shet for the Petitioners.
Mr. S. R. Rivankar, Public Prosecutor for the Respondent/State.
Coram:- M. S. SONAK &
SMT. M. S. JAWALKAR, JJ.
Date:- 3rd March, 2020.
Oral Order:
Heard Mr. Rohit Bras De Sa, the learned counsel for the petitioners and
Mr. S. R. Rivankar, the learned Public Prosecutor for the Respondent nos.1 and
2.
2. This petition seeks the quashing of F.I.R No.82/2018 lodged at
Calangute Police Station on 8/5/2018 against the petitioner for offences under
sections 420, 406, 504, 506(ii) IPC.
3.Mr. Rivankar, the learned Public Prosecutor hands in Final Form/Report
under section 173 Cr.P.C, which is filed on 6/8/2019 before the Judicial
Magistrate First Class at Mapusa seeking classification of this matter as A-Final
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and A-Final Summary. The same is taken on record.
4. In view of the aforesaid, Mr. De Sa, the learned counsel for the petitioner states that the petition may be disposed off.
5. Now that the A-Final Summary report has been filed before the learned Judicial Magistrate First Class at Mapusa-Goa, we feel that it is appropriate that this petition is disposed off so that the learned Magistrate can deal with the report so filed in accordance with law.
6. The petition is accordingly disposed off in the aforesaid terms with no
order as to costs.
SMT. M. S. JAWALKAR, J. M. S. SONAK, J.
ap/-
1 issue framed by the court
Whether the criminal writ petition seeking quashing of FIR should be disposed of pending the filing of final report under CrPC.
SURINDER JINDAL AND ANR.
POLICE INSPECTOR, CALANGUTE POLICE STATION, CALANGUTE AND 2 ORS.
M. S. SONAK
M. S. JAWALKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court