Maruti Bapu Sutar and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Maruti Bapu Sutar and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings in R.C.C. No.159/2024 before JMFC Kadegaon stayed till 19th March 2025 with notice to Respondent No.2 returnable on that date; petition otherwise pending. The order dated 29th January 2025 stands corrected to the extent of the forum-name typo only.

Issue for consideration

Whether the second FIR (C.R. No.245/2023) lodged for the same incident dated 16th December 2023 was permissible, and whether it together with the resultant charge-sheet (R.C.C. No.159/2024) should be quashed.

Court's answer

Prima-facie, the Court found substance in the submissions of learned counsel for the Petitioner that the second FIR regarding the same incident dated 16th December 2023 was not permissible.

Ratio / Principle

Notice was ordered to Respondent No.2 returnable on 19th March 2025, and the proceedings pending before the learned JMFC, Kadegaon vide RCC No.159/2024 were directed to remain stayed till then.

Key takeaways

The typographical error in Para No.3 of the order dated 29th January 2025 was corrected: instead of 'JMFC, Talegaon' it shall read 'JMFC Kadegaon', and the rest of the order stands unaltered.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court (Sarang V. Kotwal & S.M. Modak, JJ.), Writ Petition No.5576 of 2024, Maruti Bapu Sutar & others v. The State of Maharashtra & anr.: Petition for quashing of FIR C.R. No.245/2023 registered at Kadegaon Police Station on 28.12.2023 and the resultant charge-sheet R.C.C. No.159/2024 before JMFC Kadegaon, on the ground that it is a second FIR for the same incident dated 16.12.2023 already covered by C.R. No.236/2023 lodged by Sukhdev Sutar on 17.12.2023, which referred to the present Respondent No.2. The Court found prima-facie substance in the contention that a second FIR for the same incident was impermissible, issued notice to Respondent No.2 returnable on 19.03.2025, and stayed the proceedings in R.C.C. No.159/2024 till then. By a speaking-to-minutes order dated 12.03.2025, the typographical error in Para 3 of the 29.01.2025 order ('JMFC, Talegaon') was corrected to 'JMFC Kadegaon'. No statute or precedent was discussed; the matter remains pending before the Court.

LSP 1 902 wp 5576.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

Writ Petition No.5576 of 2024

Maruti Bapu Satar … Petitioner V/s. The State of Maharashtra & anr. … Respondents.

Mr. Dhananjay Bhosale for the Petitioner. Mr S.V. Gavand, APP for the State.

Digitally signed by LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2025.03.15 12:19:23 +0530

P.C. :

CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 12^th March 2025.

This matter is placed by the office for speaking to the minutes to correct the typographical error in Para No.3 of the order dated 29^th January 2025. In that Para the Court is described as ‘JMFC, Talegaon’ whereas the right Court is ‘JMFC Kadegaon’. The prayer also mentions ‘JMFC, Kadegaon’, therefore, this typographical error in Para No.3 of the order dated 29^th January 2025 be corrected. Instead of JMFC, Talegaon, it shall be mentioned as JMFC Kadegaon.

The order dated 29^th January 2025 stands corrected to the aforesaid extent only. The rest of the order shall remain as it is. The corrected order be uploaded accordingly.

LSP 2 902 wp 5576.24.doc

CORRECTED ORDER DATED 29th JANUARY 2025 READS THUS:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

Writ Petition No.5576 of 2024

Maruti Bapu Sutar & others V/s.	…	Petitioners
The State of Maharashtra and anr.	…	Respondents.

Mr. Dhananjay K. Bhosale a/w. Mr. Pranav Borgave for the Petitioners.

Ms. Anuja S. Gotad, APP for the State.

CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 29 January 2025.

P.C. :

This petition is for quashing of the FIR registered vide C.R. No.245/2023 at Kadegaon Police Station and resultant charge-sheet bearing R.C.C. No.159/2024 before learned J.M.F.C. Kadegaon. The principal contention of the learned counsel for the Petitioner is that for the same incident dated 16^th December 2023 another FIR was lodged by one Sukhdev Sutar vide C.R. No.236/2023 at Kadegaon Police Station on 17^th December 2023. There is a reference to the present Respondent No.2 in that particular FIR.

LSP 3 902 wp 5576.24.doc

Inspite of that subsequently Respondent No.2 lodged a false FIR relating to same incident dated 16^th December 2023 vide C.R. No.245/2023 at Kadegaon Police Station on 28^th December 2023. He submitted that the second FIR regarding the same incident was not permissible and inspite of that the investigating agency has filed charge-sheet in both the registered offences. Prima-facie, we find substance in the submissions of learned counsel for the Petitioner.

Therefore, issue notice to Respondent No.2, returnable on 19^th March 2025.

Till then the proceedings pending before the learned JMFC, Kadegaon vide RCC No.159/2024 shall remain stayed.

Stand over to 19^th March 2025 .

(S.M. MODAK, J.) (SARANG V. KOTWAL,J)