Vimlabai Mahendra Shah And ORS v. The State Of Maharashtra And ANR

Sr.No.5 WP 4382.13 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4382 OF 2013 Ms. Vimlabai Mahendra Shah and ors.

....Petitioners versus State of Maharashtra and anr.

....Respondents Mr. Pradeep Havnur, advocate for the petitioners. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 16th February, 2015.

P.C.:

The petitioners have filed this petition for quashing the FIR No.81 of 2010 registered on 27th February, 2010 by Borivali Police Station for the offences punishable under Sections 323, 504, 143, 354 and 506(ii) of the Indian Penal Code, 1860. Learned counsel for the petitioners does not dispute that the investigation is completed and the charge-sheet is also filed in the Court of the concerned magistrate. The petitioners, therefore, can go for discharge before the magistrate. The veracity of the allegations made in the complaint cannot be gone into at this stage. We are, therefore, not inclined to entertain the petition and the same is, accordingly, dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 1/1