Petitioner challenged an FIR alleging false offences and vengeance-motivated lodging. The High Court, examining FIR particulars, found no grounds to grant relief and rejected the petition.
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Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2021.07.31 10:33:21 +0530
(24) cri.wp-419.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.419 OF 2021
Rafique Dawood Kamdar : Petitioner.
Versus
The State of Maharashtra and anr.: Respondents.
Mr. S R Phanse i/b7y Mr. Sarfaraz Khalife for the Petitioner.
Mr. S R Shinde, APP for the Respondent/State.
CORAM :S. S. SHINDE,
N. J. JAMADAR, JJ
DATE :30th JULY 2021
P.C.
1The learned counsel for the Petitioner invites our attention to the
allegations made in the impugned FIR and submits that the allegations are
false and there is no possibility of commission of alleged offences when the
press conference was in progress. It is also submitted that the FIR has been
lodged belatedly after one week of the alleged incident. The sum and
substance of the submissions of the learned counsel for the Petitioner is that
the FIR has been lodged out of vengence and there is no substance in the
allegations made in the FIR.
2We have considered the submissions of the learned counsel for the
Petitioner and carefully perused the allegations made in the FIR. There are
two alleged incidents stated in the FIR with material particulars.
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(24) cri.wp-419.21.odt
3In that view of the matter, we are unable to persuade ourselves to
grant any relief in favour of the Petitioner. The Petition stands rejected.
4It is made clear that the observations made herein above are prima
facie in nature and confined to the adjudication of the present writ petition and
shall not be construed as an impediment to the Petitioner in availing of the
appropriate remedy as is available in law after filing the charge-sheet by the
Investigating Officer.
[N. J. JAMADAR, J]
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lgc
1 issue framed by the court
Whether anticipatory bail should be granted in light of alleged false FIR lodged in vengeance.
Rafique Dawood Kamdar
The State of Maharashtra
S. S. SHINDE
N. J. JAMADAR
As recorded by the court registry
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