This Court rejected a criminal writ petition seeking quashing of an FIR. The Court held that the allegations disclosed offences warranting further investigation. The rejection is prima facie and does not preclude future remedies.
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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Digitally signed 1
/2 by BHAGYAWANT BHAGYAWANT TATYARAO TATYARAO PUNDE PUNDE Date: 2021.09.04 09:21:22 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2179 OF 2021
Mr. John Fernandes & Ors. ...Petitioners
Versus
The State of Maharashtra ...Respondent
Mr. Gaurav Pandey for Petitioners. Mr. J.P. Yagnik, APP for State.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.
DATE : 3rd SEPTEMBER, 2021.
P.C.:
State.
Bhagyawant Punde
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the order passed by this Court on 11th August, 2021, investigation papers and submits that the victim has suffered serious injuries and, therefore, at this stage, when there is a prayer for quashing the FIR, this Court may not enter into appreciation of evidence. On reading the allegations in the FIR, the alleged offences are disclosed, therefore, learned APP submits that the petition may be dismissed.
to the petitioners to avail of an appropriate remedy as available in law, in the event of filing of chargesheet by the investigating officer.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
1 issue framed by the court
Whether the allegations in the FIR disclose an offence and warrant quashing under Article 226 of the Constitution.
Mr. John Fernandes & Ors.
The State of Maharashtra
S. S. SHINDE
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
