Disposed

Mosin Khan S/O Firoz Khan and Another v. State of Mah. Thr. Pso Ps Gittikhadan Dist.Nagpur City and Another

Bombay HC21 Mar 2024APL/478/2024

Case brief

AI extract

What is this about?

This criminal application sought to quash an FIR registered under Sections 427, 447, and 448 of the Indian Penal Code, alleging damage to shop premises. The court observed the FIR was based on suspicion, accepted the applicant's documents regarding unauthorized construction notices, and issued notice. The investigation was permitted to proceed, but the charge sheet was barred from filing without c

What did the court decide?

Notice issued; investigation permitted, but charge-sheet barred from filing without Court's leave.

Mosin Khan S/O Firoz Khan and Another vs State of Mah. Thr… — Quashing and FIR | Bombay HC (2024)

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1 911.apl.478.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.478 OF 2024

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Mohsin Khan s/o Firoz Khan and anr.

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..vs..

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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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Shri S.P. Bhandarkar, Advocate for the applicants. Shri Bissa, Addl.P.P. for the State.

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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 21/03/2024.

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Heard.

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This is an application seeking to quash the First Information Report in Crime No.131 of 2024 registered with the Gittikhadan Police Station, Nagpur City for the offence punishable under Sections 427, 447, 448 of the Indian Penal Code.

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It is the informant’s case that he owns a shop premises. He learnt that the applicant has caused damaged to his shop hence he verified the things. It is the informant’s contention that some days earlier the applicant conveyed that he has purchased the said property and thus, according to the informant, for that reason he suspects that applicant might have damaged his shop premises and caused mischief.

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Learned Counsel for the applicant would submit that FIR has been lodged on mere suspicion. Moreover, the applicant has produced documents to show that the NMC has issued notices to demolish the structure by stating it to be unauthorized one.

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2 911.apl.478.2024

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Issue notice to the non-applicants, returnable on 02.05.2024. Learned Addl.P.P. waives notice on behalf of the State.

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

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(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Trupti

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Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 22/03/2024 11:32:12

Mosin Khan S/O Firoz Khan and Another v. State of Mah. Thr. Pso Ps Gittikhadan Dist.Nagpur City and Another

Case brief

What is this about?

What did the court decide?

Mosin Khan S/O Firoz Khan and Another v. State of Mah. Thr. Pso Ps Gittikhadan Dist.Nagpur City and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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