Criminal Application APL No. 65/2024 seeking to quash a chargesheet under various IPC, SC/ST, and RPwD sections. The first instance issue notice to non-applicants while staying the trial court proceedings.
Proceedings stayed till further order.
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.
1 917 apl 65.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 65/2024
(Prabha w/o Tryambak Shirpure & anr. Vs. State of Maharashtra & anr.)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Mr. R.K. Tiwari, Advocate for applicants. Mr. J.Y. Ghurde, APP for non-applicant No.1.
CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19/01/2024.
Heard.
2 917 apl 65.24
decision of the Supreme Court in case of Asmathunnisa V. State of A.P. represented by the Public Prosecutor, High Court of A.P. Hyderabad and another, 2011 Cri. L.J. 2594 to contend that in absence of informant, the offence would not constitute. Moreover, it is submitted that the Police Report does not state particular act of humiliation and thus, there exist no prima facie case against the applicants.
( MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 20/01/2024 11:25:36
2 issues framed by the court
Whether a case arising out of abuse by an informant's absence warrants quashing under Section 3 of the SC/ST Act.
Whether the Prosecution case is weak due to lack of presence and prima facie evidence of humiliation.
Colour shows how this judgement treated each authority
Asmathunnisa V. State of A.P.Referred¶14
Asmathunnisa V. State of A.P. represented by the Public Prosecutor, High Court of A.P. Hyderabad and another, 2011 Cri. L.J. 2594
Prabha w/o Tryambak Shirpure & anr.
State of Maharashtra & anr.
Vinay Joshi
Mrs. Vrushali V. Joshi
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
