Sanjay S/O Parasmalji Chordiya, v. the State of Maharashtra Thr. Pso Ps Beltarodi Nagpur Tqh. and Dist.Nagpur and Another

Bombay HC19 Jun 2024WP/231/2024

Case brief

AI extract

What is this about?

Petition seeking quashing of charge-sheet in FIR for theft-related offences where petitioner, a licensed goldsmith, claims bona fide purchase of stolen gold ornaments with receipt and payment by banker's cheque. Court issued notice for final disposal and directed no coercive steps against petitioner till further orders.

What did the court decide?

No coercive steps shall be taken against the petitioner till further orders; notice issued for final disposal returnable on 23.04.2024.

Sanjay S/O Parasmalji Chordiya, vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2024)

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1 904.cri.wp.231.2024

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

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CRIMINAL WRIT PETITION NO.231 OF 2024

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Sanja s/o Parasmalji Chordiya

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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 A.S. Mardikar, Senior Counsel a/b Shri V.R Deshpande, for the petitioner. Shri Aashirgade, Addl.P.P. for the State.

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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 12/03/2024.

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Heard.

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This is an application seeking to quash the charge-sheet arising out of First Information Report bearing Crime No.146 of 2023 registered with the Beltarodi Police Station, District Nagpur for the offence punishable under Sections 380, 454, 457, 411 and 34 of the Indian Penal Code.

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The offences have been registered regarding theft of gold ornaments. It is alleged that the petitioner is a goldsmith who has purchased the stolen goods hence he has committed the offence punishable under Sections 411 of the Indian Penal Code.

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It is the petitioner’s contention that he is a registered goldsmith having license to purchase the gold. It is the petitioner’s case that he is a bona fide purchaser of the gold articles. Entire transaction was transparent since the petitioner has issued a receipt as well as disbursed the payment through bankers cheque. It is also

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2 904.cri.wp.231.2024

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stated that the petitioner had checked identity of the seller by obtaining his documents of identification.

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Issue notice to the respondents for final disposal, returnable on 23.04.2024. Learned Addl.P.P. waives notice on behalf of the State.

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Considering the peculiarity of the case, no coercive steps shall be taken against the petitioner till further orders.

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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: 12/03/2024 17:16:03

Sanjay S/O Parasmalji Chordiya, v. the State of Maharashtra Thr. Pso Ps Beltarodi Nagpur Tqh. and Dist.Nagpur and Another

Case brief

What is this about?

What did the court decide?

Sanjay S/O Parasmalji Chordiya, v. the State of Maharashtra Thr. Pso Ps Beltarodi Nagpur Tqh. and Dist.Nagpur 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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