Dismissed

Basavraj Shamrao Koli v. the State of Maharashtra and Ors.

Bombay HC25 Sept 2024CRPIL/16/2024

Case brief

AI extract

What is this about?

A PIL sought a direction to investigate and take action in respect of two FIRs registered at Sadar Bazar Police Station, Solapur. The court declined to interfere, noting one investigation was complete with a Section 173 Cr.P.C. report filed and the other ongoing, holding any direction would amount to interference in statutory police functions.

What the court decided

AI extract

Basavraj Shamrao Koli vs the State of Maharashtra and Ors. — Quashing and FIR | Bombay HC (2024)

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401-CrPIL-16-2024

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 16 OF 2024

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Basavraj Shamrao Koli

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.. Petitioner

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Versus

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The State of Maharashra & Ors. .. Respondents

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Mr. I. M. Khairdi for petitioner. Mr. Ajay S. Patil, APP for respondents-State.

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Digitally signed byPRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2024.09.25 15:19:06 +0530

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & M. M. SATHAYE, J.

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DATE: 25^th SEPTEMBER, 2024

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P.C.:

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1. Heard the learned counsel for the petitioner and learned APP representing the State-respondents.

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2. By this petition ostensibly filed in public interest, a prayer has been made for issuing a direction to the respondent nos.1 and 2, namely, the State of Maharashtra and the Director General of Police to investigate and take action in respect of an incident which is the subject matter of two FIRs, i.e., FIR No. 171 of 2023 and FIR No. 447 of 2023 registered with Sadar Bazar Police Station, Solapur.

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3. It has been informed by the learned APP that so far as FIR No. 171 of 2023 is concerned, investigation by the investigating agency has been completed and accordingly a report under Section 173 of the Code of Criminal Procedure

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401-CrPIL-16-2024

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has been filed before the Court concerned. As regards, FIR No. 447 of 2023, learned counsel for the petitioner informs that the investigation in respect of the said FIR is still under progress.

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4. Since in respect of first FIR, investigation has been completed and a report under Section 173 of the Cr.P.C. has been filed and the other FIR is still under investigation, any direction, as is being sought by the petitioner in this PIL petition, would amount to interference in the investigation which is otherwise the statutory duty and function of the police authority/investigating agency.

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5. For the aforesaid reasons, we decline to exercise our jurisdiction under Article 226 of the Constitution of India to make any interference in this PIL petition.

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6. The PIL petition, being devoid of merit, is hereby dismissed.

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(M. M. SATHAYE, J.) (CHIEF JUSTICE)

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Basavraj Shamrao Koli v. the State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

Basavraj Shamrao Koli v. the State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

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