Sunil Vishwanath Salunke And ANR v. The State Of Maharashtra And ANR

Sr.No.15 Apl 1098.14 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1098 OF 2014 Sunil Vishwanath Salunke and anr.

....Applicants versus State of Maharashtra and anr.

....Respondents Mr. M. M. Deshmukh, advocate for the applicants. Mrs. M. H. Mhatre, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 6th APRIL, 2015.

P.C.:

By this application, the applicants are seeking quashing of the proceedings of FIR 112 of 2014 registered with Shirur Rural Police Station for the offences punishable under Section 379 read with Section 34 of the Indian Penal Code, 1860.

2.

We have perused the FIR. The FIR prima facie discloses commission of cognizable offence. That apart, during the pendency of the application, charge-sheet is also filed and, therefore, prayer for quashing the FIR is rendered infructuous. We are, therefore, not inclined to interfere in the application. The criminal application is, accordingly, dismissed.

Shubhada S Kadam 1/2

Sr.No.15 Apl 1098.14 3.

Needless to mention that this order will not come in the way of the applicant in filing of an application for discharge before the trial court and, if such application is filed, the same shall be disposed of independently on its own merits and without being influenced by this order.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2