Dismissed

Dr. Dinkar S/O Narayan Bajad v. State Ofmah. Thr. Collector Civil Lines Nagpur and Another

Bombay HC12 Aug 2022APL/1324/2021

Case brief

AI extract

What is this about?

The court dismissed an application under Sections 482 and 321 CrPC seeking quashing of FIR and specific directions. It held that the applicant's remedies lie in filing a revision application to challenge the rejection of the discharge application or filing a proper petition for other reliefs.

What did the court decide?

Application dismissed with liberty to file a revision against discharge rejection or file a proper petition for other reliefs.

Dr. Dinkar S/O Narayan Bajad Vs State Ofmah. Thr… — Writ and Judicial Review | Bombay HC (2022)

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1 / 3 918-APL 1324.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 1324 OF 2021

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Dr. Dinkar s/o. Narayan Bajad

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vs.

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State of Maharashtra and another

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Office notes, Office Memoranda of
Coram, appearances, Court's orders
or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr. G. M. Kubade, Advocate for applicant.
Mr. S. S. Doifode, APP for respondents.

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CORAM : MANISH PITALE AND
VALMIKI SA MENEZES JJ.
DATE : 12/08/2022

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We have heard Mr.Kubade, the learned
counsel appearing for the applicant.

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2.This application is styled as an application
under Section 482 and Section 321 of the Code of
Criminal Procedure(Cr.P.C.), not only seeking
quashing of First Information Report (FIR), but also
seeking certain specific positive directions against the
respondent State in the light of Government
Resolution dated 12/05/2015.

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3.A perusal of Section 321 of the Cr.P.C.
shows that it pertains to withdrawal from

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KOLHE

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2 / 3 918-APL 1324.2021

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prosecution on applications made in that regard by
the Public Prosecutor with the consent of the Court.
According to us, the applicant invoking the said
provision is completely misplaced in the facts and
circumstances of the present case.

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4.Even otherwise, we are informed that the
applicant had applied for discharge as the
investigating authority had filed charge-sheet in
pursuance of investigation. The said application
seeking discharge was rejected by the competent
Court, against which the applicant filed Writ Petition
No.788 of 2021.

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5.The learned counsel for the applicant
informed this Court that the said writ petition was
disposed of with liberty to the applicant to file
revision application to challenge the rejection of the
application for discharge. The said revision
application is yet to be filed. In the meanwhile, the
present application was filed by the applicant seeking
the aforementioned reliefs.

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6.We are of the opinion that the reliefs
sought by the applicant in the present application
cannot be granted. Insofar as the FIR and charge-
sheet are concerned, the applicant can certainly seek

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KOLHE

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3 / 3 918-APL 1324.2021

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the remedy of filing a revision application to
challenge the said rejection of the application for
discharge. Insofar as the other reliefs are concerned,
the applicant can certainly file a properly constituted
petition before this Court for seeking appropriate
reliefs.

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7.In view of the above, the application is
dismissed with liberty to the applicant as indicated
above.

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 JUDGE

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 JUDGE

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Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:13.08.2022 15:47

¶27

KOLHE

Dr. Dinkar S/O Narayan Bajad v. State Ofmah. Thr. Collector Civil Lines Nagpur and Another

Case brief

What is this about?

What did the court decide?

Dr. Dinkar S/O Narayan Bajad v. State Ofmah. Thr. Collector Civil Lines Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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