Bhagwat Shripati Sutar And ORS v. The State Of Maharashtra And ANR

21. appln 1170.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1170 OF 2016 Bhagwat Shripati Sutar and ors.

.. Applicants Vs.

The State of Maharashtra and anr.

.. Respondents Mr. Shrishail Sakhare, for the Applicants.

Mr.S.R.Shinde, APP for State.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

07th FEBRUARY, 2018 ORAL ORDER (PER SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

Heard learned Counsel for the applicants and learned APP for the State.

2.

The applicants are seeking quashing of FIR/CR No. 153 of 2016 of Pangri police station, Solapur. The said case is under Sections 302, 364 read with 34 of IPC.

3.

Learned APP has tendered the report of the said 1/2

21. appln 1170.16.doc police station which says that the case has been investigated and it is found that the case is false, hence, police has filed 'B' Summary i.e. case is found to be false before the Ld. Magistrate. Learned APP further stated that the statement of the complainant has been recorded under Section 164 of CrPC wherein it is stated that he has filed a false complaint and pursuant thereto 'B' Summary report has been lodged with the Magistrate.

4.

In this view of the matter, as far as quashing of FIR is concerned, the application is infructuous and is disposed of as such.

5.

However learned Counsel for the applicants states that he is also seeking compensation from the complainant for filing a false case against him. As far as this prayer is concerned, it would be open to the applicants to file appropriate proceedings before appropriate forum.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 2/2