Aatique Salimuddin Shaikh v. the State of Maharashtra and Anr.
Case brief
What is this about?
In Criminal Application No. 62 of 2021, the High Court of Bombay rejected the applicant's prayer to quash his FIR. The applicant was an absconding accused in a serious assault case (IPC 307 etc., Arms Act) since 2012. The Court held that the law should favor law-abiding citizens over those evading legal process.
What did the court decide?
Application to quash the FIR and set aside proceedings against the applicant was rejected.
What the court decided
APL-62-2021.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 62 OF 2021
Aatique Salimuddin Shaikh Aged: 46 years, Occ; Business R/o Baiganiwadi Shivaji Nagar, Govandi.
... APPLICANT
Versus
- The State of Maharashtra Through the Police Station Officer Shivaji Nagar Police Station, Dist. Aurangabad.
- Abdul Bari Shafi Ansari Age: 46 years, Occ: Business, R/o: Baiganwadi, Gowandi, Mumbai-43
... RESPONDENTS
Mr. Mohsin M Khan with Mr. Babu Singh for the applicant. Ms. A.S. Pai, APP for resp-State. Mr. J.K. Agarwal with Ms. Aspha Ashrafi with Mr. F.A. Shaikh for respondent No. 2.
CORAM : S. S. SHINDE & MANISH PITALE, JJ.
Issues for consideration
2 issues framed by the court
Whether a criminal application for quashing an FIR deserves to be allowed when the applicant was an absconding accused who did not face the trial for over a decade.
Whether the court should exercise discretion to quash proceedings against an accused who has evaded legal process since the inception of the FIR.
Parties & counsel
- applicant
Aatique Salimuddin Shaikh
- respondent
The State of Maharashtra
- respondent
Abdul Bari Shafi Ansari
Coram
Case details
As recorded by the court registry
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