Disposed

Kamlesh Mahadeo Oze and Anr. v. the State of Maharashtra and Anr.

Bombay HC8 Jul 2022WP/3884/2021

Case brief

AI extract

What is this about?

High Court considered a writ petition seeking quashing of an FIR. The Court held that consent quashing was not appropriate due to alleged fraud and misleading conduct by the complainant. Petitioners were directed to file a fresh application for quashing on merits.

What did the court decide?

Petition disposed of; directed to seek quashing of FIR on merits by filing a fresh application.

Kamlesh Mahadeo Oze and Anr. Vs the State of… — Writ and Judicial Review | Bombay HC (2022)

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50-cr-wp-3884-21.doc

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DINESH SADANAND SHERLA

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Digitally signed by DINESH SADANAND SHERLA Date: 2022.07.12 14:17:08 +0500

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3884 OF 2021

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Kamlesh M. Oze and anr. … Petitioners V/s.

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State of Maharashtra and anr. … Respondents

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Mr. P. L. Gajbhiye a/w. Ms Parvathy Iyer for the Petitioners. Mrs. S.D. Shinde, APP for the Respondent/State. Mr. M.D. Pol for the Respondent No.2.

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CORAM : NITIN JAMDAR & N.R. BORKAR, JJ. DATE : 8 JULY 2022.

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P.C.

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. The learned Counsel for the Petitioners and the Respondent No.2/ Complainant state that the FIR be quashed by consent of the Respondent No.2 /Complainant.

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The learned APP points out that the FIR not only states about the allegations against the Respondent No.2/Complainant but also states that the bogus and fraudulent notarized documents were produced during the hearing of bail application and the Court was also mislead and therefore, this is not a case where FIR can be quashed by consent of the Respondent No.2/Complainant. We agree with this submission. It is open to the Petitioner, if so advised,

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Dinesh Sherla

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50-cr-wp-3884-21.doc

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to seek quashing of FIR on merits, which application will be considered on its own merits.

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Writ Petition is disposed of as above.

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(N.R. BORKAR, J.) (NITIN JAMDAR, J.)

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Dinesh Sherla

Kamlesh Mahadeo Oze and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Kamlesh Mahadeo Oze and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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