In this criminal writ petition seeking quashing of an FIR, the top judge noted the learned Additional Public Prosecutor's submission regarding the completion of investigation and the submission of the B-Report. The court held that the petition could not survive and disposed of it accordingly.
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.
Osk
16-Wp-1579-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1579 OF 2023
Moses Bababhai Chudesra… Petitioner
V/s.
The State of Maharashtra & Ors.… Respondents
Ms. Harshada Morey h/f. Mr. Sunny Waskar for Petitioner.
Mrs.M.M. Deshmukh, A.P.P. for Respondent No.1-State.
PSI Mr.Naid Ajij Shaikh, Ambad Police Station, Nashik City.
CORAM : A. S. GADKARI AND
PRAKASH D. NAIK, JJ.
DATE : 25th April 2023.
P.C. :
1.Learned A.P.P., on instructions from Police Sub-Inspector Mr.Naid
Ajij Shaikh attached to Ambad Police Station, Nashik City, submitted that,
after completion of investigation of present crime i.e. F.I.R. No. 506 of 2022,
registered with Ambad Police Station, Nashik, under Sections 376(2)(N), 420
& 506 of Indian Penal Code, the Investigating Agency has submitted ‘B-
Summary Report’ in the Court of learned Additional Chief Judicial
Magistrate, 8th Court, Nashik on 21st December 2022.
2.In view of above, present Petition for quashing of said F.I.R. does
not survive.
3. Petition is accordingly disposed off.
Digitally signed OMKAR by OMKARSHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2023.04.28 11:25:24 +0530
1/1
1 issue framed by the court
Whether a criminal writ petition for quashing of an FIR under Section 482 CrPC survives after the submission of the B-Report by the Investigating Agency.
1 provisions across 1 enactments
Moses Bababhai Chudesra
State of Maharashtra
A. S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court