Naresh S/O Wasudeo Thakre v. the State of Maharashtra through Pso Ps Ranapratap Nagar Nagpur and Another

Bombay HC25 Oct 2024APL/1621/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of an FIR under Section 385 IPC alleging a civil dispute over property title and possession. The court issued notice to non-applicants, returnable in six weeks, with the State waiving service; investigation may continue but charge-sheet cannot be filed without leave of the court.

What the court decided

AI extract

Naresh S/O Wasudeo Thakre vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2024)

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

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CRIMINAL APPLICATION (APL) NO.1621 OF 2024

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NARESH WASUDEO THAKRE VS

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THE STATE OF MAHARASHTRA AND ANR.

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr.B.H. Tekam, Advocate for the applicant/s Ms N.R. Tripathi, APP for the State

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CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ. DATED : 25/10/2024.

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1 Heard.

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2 By this application, the applicant is seeking to quash First Information Report vide Crime No.194/2024 registered with Police Station Ranapratap, Nagpur City for the offence punishable under Section 385 of the Indian Penal Code.

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3 It is applicant’s contention that he is the original owner of the suit property as well as in possession thereof. According to the applicant, the informant has no legal title, though he alleges to have purchased the property in the auction. To substantiate said contention, the applicant has produced the copy of the sale deed of the year 1992. Moreover, the applicant has also filed the suit in which he sought impleadment of the informant as defendant in terms of the Order 1 Rule 10 of the Civil Procedure Code. Thus, it is contended that the allegations are false and made to deprive the applicant’s right. It is submitted that in fact it is a civil dispute.

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4 Issue notice to the non-applicants, returnable after six weeks.

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5 The learned APP waives service of notice for the State.

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6 In the meantime, investigation may go on, but charge-sheet shall not be filed without obtaining leave of this Court.

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(ABHAY J. MANTRI, J.)

(VINAY JOSHI,

J.)

ND.THAWRE PA

Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 25/10/2024 20:16:04

Naresh S/O Wasudeo Thakre v. the State of Maharashtra through Pso Ps Ranapratap Nagar Nagpur and Another

Case brief

What is this about?

What the court decided

Naresh S/O Wasudeo Thakre v. the State of Maharashtra through Pso Ps Ranapratap Nagar Nagpur and Another

Case brief

What is this about?

What the court decided

A compact analysis

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Parties & counsel

Coram

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