Dismissed¶16

Kondiba Sonaji Gawli v. the State of Maharashtra and Anohter

Bombay HC7 Jan 2026APPLN/4044/2025

Case brief

AI extract

What is this about?

Quashment of FIR refused; prima facie case from FIR contents; counter-blast/false implication plea deferred to trial; Section 528 Bharatiya Nagarik Suraksha Sanhita 2023; Sections 75(1) and 78(1) Bhartiya Nyaya Sanhita 2023; FIR No. 0505/2025, Bhagyanagar Police Station, Nanded; allegations of stalking and catching hold of informant's hand on 06.09.2025; Bombay High Court, Aurangabad Bench; Criminal Application No. 4044 of 2025; dismissed/rejected.

What did the court decide?

A reading of the FIR shows specific allegations against the Applicant that on 06.09.2025 he stalked the informant while she was proceeding on her two-wheeler and caught hold of her hand with a bad intention; the contents of the FIR are sufficient to make out a prima facie case for the alleged offences against the Applicant. ¶15

Kondiba Sonaji Gawli vs the State of Maharashtra and Anohter — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶16

Issue for consideration

Whether FIR No. 0505/2025 registered with Bhagyanagar Police Station, District Nanded for offences under Sections 75(1) and 78(1) of the Bharatiya Nyaya Sanhita, 2023 ought to be quashed. +1 more

¶10

Court's answer

¶15

Ratio / Principle

The Applicant's contention that he has been falsely implicated and that the present complaint is a counter blast cannot be considered at this stage, as it would be a matter of trial.

¶15

Key takeaways

In view of the prima facie case made out by the FIR, no case is made out for exercise of powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Criminal Application stands rejected.ratio¶16

Detailed headnote1 paragraphs

Quashment of FIR — Criminal Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR No. 0505/2025 registered with Bhagyanagar Police Station, District Nanded for offences punishable under Sections 75(1) and 78(1) of the Bharatiya Nyaya Sanhita, 2023. The FIR discloses specific allegations that on 06.09.2025 the Applicant stalked the informant while she was proceeding on her two-wheeler and caught hold of her hand with a bad intention. The Applicant's plea of false implication and counter blast (he having lodged a complaint against the informant and her companions) was held to be a matter of trial, incapable of consideration at the quashing stage. As the contents of the FIR were sufficient to make out a prima facie case, no case was made out for exercise of powers under Section 528 BNSS and the Application was rejected. (Single Judge: S. G. Chapalgaonkar, J.; decision dated 7 January 2026.)

Kondiba Sonaji Gawli v. the State of Maharashtra and Anohter

Case brief

What is this about?

What did the court decide?

Kondiba Sonaji Gawli v. the State of Maharashtra and Anohter

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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