This writ petition sought to quash an FIR alleging conspiracy to aid an escape. The High Court allowed the petition, citing the FIR's lack of basic particulars and inherent absurdity as grounds for abuse of process.
Writ petition allowed in terms of prayer clause (a) to quash the FIR bearing No. 2/22.
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.
SMITAJOHNSON Digitally signed by SMITAJOHNSON GONSALVESDate: 2022.07.21 GONSALVES 14:19:49 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.221 OF 2022
Pandurang Bhagwan Ghadge & Ors. .. Petitioners v/s.
The State of Maharashtra & Anr. .. Respondents
Mr. Kuldeep Patil, i/b. Saili N. Dhuru, for the Petitioners.
Mr. J.P. Yagnik, APP, for State.
CORAM: NITIN JAMDAR & N.R. BORKAR, JJ.
DATE : 15 JULY 2022.
P.C:-
Heard the learned Counsel for the parties. Taken up for
disposal.
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that when he had gone to trace one Shukraraj Pandurang Ghadge, who was released on parole on 24 June 2021 and had not returned, the Petitioners’ obstructed him and aided the escape of Shukraraj Pandurang Ghadge. On this averment, FIR was lodged.
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(N.R. BORKAR, J.)
(NITIN JAMDAR, J.)
1 1992 AIR 604
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3 issues framed by the court
Whether a writ petition can be entertained to quash an FIR that lists numerous names with a single line of conspiracy without basic particulars, treating the allegations as inherently absurd.
Whether the lack of investigating papers or instructions from Investigating Authorities justifies quashing the FIR.
Whether the FIR is ex facie an abuse of the process of law due to its inherent improbability and lack of separation of roles.
Colour shows how this judgement treated each authority
State of Haryana & Ors. vs. Ch. Bhajan Lal & Ors.Explained¶29
State of Haryana & Ors. vs. Ch. Bhajan Lal & Ors.
Pandurang Bhagwan Ghadge & Ors.
The State of Maharashtra & Anr.
NITIN JAMDAR
N.R. BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
