The Court allowed Criminal Application No. 595 of 2022 to quash a charge-sheet filed in pursuance of an FIR that had already been quashed by this Division Bench in a prior judgment dated 23.08.2021.
Charge-sheet dated 18.05.2021 No. 92/2021 was quashed and set aside.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 595 OF 2022
Mr. Akash s/o Rajabal Yenurkar Vs.
State of Maharashtra, Thru. PSO Ballarsha, Dist. Chandrapur and anr.
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr. N.P. Meshram, Advocate for applicant. Mr. S.S. Doifode, APP for respondent/State.
CORAM : MANISH PITALE, & VALMIKI SA MENEZES, JJ. DATE : 24.08.2022.
By this application, the applicant is seeking quashing of charge-sheet dated 18.05.2021 filed against the applicant. On 28.04.2022, this Court issued notice and granted interim relief. The non-applicant No.1-State is represented by the learned APP, while the non-applicant No.2 despite service has chosen not to appear before this Court.
Prity
2 / 2 941.apl595.2022
applicant whereby the FIR dated 12.12.2020 registered against the applicant was quashed.
“(a) Quash and set aside Charge-sheet No.92/2021, dated 18.05.2021, filed by PSO Ballarsha, Dist. Chandarpur, in pursuance of Crime No.861/2020, dated 12.12.2020, u/s. 376, 376(2)(n) and 417 of the Indian Penal Code.”
[VALMIKI SA MENEZES, J.]
[MANISH PITALE, J.]
Signed By:PRITY S GABHANE Reason: Location: Signing Date:26.08.2022 10:25
Prity
1 issue framed by the court
Whether a charge-sheet filed pursuant to an FIR subsequently quashed by the Court can be sustained.
1 provisions across 1 enactments
Akash s/o Rajabal Yenurkar
State of Maharashtra
Manish Pitale
Valmikisam Menezes
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
