Filomina Harbhajansingh Rajput And ANR v. The State Of Maharashtra And ANR

apl-254-17(906)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 254 OF 2017 Filomina Harbhajansingh Raput & Anr ..Applicants Vs.

The State of Maharashtra & Anr ..Respondents Mr. Amey Deshpande for the Applicants Mr. R. M. Pethe APP for the Respondent State Mr. A. L. Bhise for the Respondent No.2 CORAM :R. M. SAVANT, & REVATI MOHITE DERE,JJ DATE : 18th JULY, 2018 P.C.

The above Criminal Application has been filed for quashing and setting aside the FIR being C.R. No.619 of 2016 registered with the Panchavati Police Station on 31-12-2016 for the offences punishable under Sections 448, 380 and 34 of the IPC. We have perused the FIR as also the report dated 18-72018 of the Assistant Inspector of Police Mr. D. D. Ingole, Panchavati Police Station, Nashik. On such perusal we find that the request of the Applicants for quashing of the FIR cannot be acceded at this stage. It cannot be said that the ingredients of the offence alleged against the Applicants are absent. We refrain ourselves from making any elaborate comments on merits, lest it affects the Applicants at the trial. We however do not deem this a fit case to exercise our jurisdiction under Section 482 of the CrPC. We also do not express any mmj

apl-254-17(906) opinion as regards the statutory remedies that may be invoked by the Applicants before the Trial Court. The above Criminal Application is accordingly dismissed.

The report dated 18-7-2018 is taken on record and marked as "X" for identification.

[REVATI MOHITE DERE, J] [R.M.SAVANT, J] mmj