Disposed
Sushant Tapan Pore v. Taraknath Nagendranath Maity
Bombay HCWP/1106/2021
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JPP IN THE HIGH COURT OF JUDICATURE AT…
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29.WP 1106.21.doc
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1106 OF 2021
Sushant Tapan Pore
… Petitioner
V/s.
The State of Maharashtra
... Respondent
Mr. R.G. Gadgil a/w. Ms. Tajashree Panchal for the Petitioner Ms. M.H. Mhatre, APP for the Respondent - State
CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ. DATE : 21 OCTOBER 2021
P.C. :-
The Petitioner is seeking to quash the FIR No. 406 of 2007 and C.C. No. 895/PW/2008 filed by the Dahisar P. Station before the Learned 26th Metropolitan Magistrate Court, Borivali, Mumbai.
29.WP 1106.21.doc
2
has the remedy under the Code of Criminal Procedure for applying for discharge as per law and on its own merits before the concerned Court. Keeping that remedy and contentions of the Petitioner open, the Writ Petition is disposed of.
SARANG V. KOTWAL, J.
NITIN JAMDAR, J.
Digitally signed by JYOTI JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2021.10.22 11:29:32 +0530
3 issues framed by the court
Whether to quash the FIR and criminal proceeding connected thereto instead of allowing a remedy in a criminal trial.
Whether the petitioner should be directed to avail the remedy of discharge under the Code of Criminal Procedure.
Whether the matter is in a fit state to be set aside and the accused discharged.
Sushant Tapan Pore
The State of Maharashtra
Nitin Jamdar
Sarang V. Kotwal
As recorded by the court registry
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