The applicant, described as the first informant who initiated the criminal proceedings, filed an application under Section 482 Cr.P.C. to quash the very crime they had set in motion. The Court held this to be a classic abuse of judicial process and dismissed the application in limine.
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.
Gitalaxmi 48-apl-476-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 476 OF 2024
Rashi Capital Partners through its Authorised Representative Mr. Raghu Kumar Halu
…..Applicant
Vs.
The State of Maharashtra & Ors. …..Respondents
Mr. Pramit Mishra for the Applicant.
Smt. Anamika Malhotra, Addl.P.P. for the Respondent-State. Mr. Abhinav Dubey for Respondent Nos. 2 & 3.
CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 5th AUGUST 2024.
P.C.:-
has preferred the present Application under Section 482 of Cr.P.C. for quashing of the said crime.
2.1) According to us, the present Application is a classic example of abuse of judicial process and is thoroughly misconceived.
2.2) In view thereof, the Application is dismissed in limine.
(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.)
1/1
Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2024.08.13 10:32:05 +0530
1 issue framed by the court
Whether the application to quash the crime is an abuse of judicial process?
1 provisions across 1 enactments
Rashi Capital Partners through its Authorised Representative Mr. Raghu Kumar Halu
The State of Maharashtra
Respondent Nos. 2 & 3
A. S. GADKARI
DR. NEELA GOKHALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
