Begum Bano Mohd Abdul And 5 Others v. The State Of Mah. Thr. Pso Ps Awdhootwadi Dist.Yavatmal And Another

4 APL-1109-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.1109 OF 2022.

{Begum Bano Mohd Abdul and Ors. ..Vrs.. The State of Maharashtra and Anr.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S. Shah, Adv. h/f Shri M. N. Ali, Advocate for the Applicants. Shri A. S. Fulzele, Addl. P. P. for the Non-Applicant No.1/State. CORAM : MANISH PITALE AND VALMIKI SA MENEZES, J.J.

DATE : 26 th AUGUST , 202 2 .

1.

We find from the documents filed alongwith the application that the First Information Report (FIR) was filed as far back as on 07.09.2018 and the charge-sheet came to be filed in the year 2018 itself for offence under Section 498-A read with Section 34 of the Indian Penal Code, against all the accused persons.

2.

Some of the accused persons have approached this Court by filing the present application in June-2022, which is about four years after filing of the charge-sheet and quashing of charge-sheet and FIR is prayed on their behalf. It is submitted that in exceptional case, despite filing of charge-sheet, this Court can exercise its inherent power under Section 482 of the Code of Criminal Procedure for considering the prayer for quashing of charge-sheet and FIR.

3.

We have perused the statements recorded during the

4 APL-1109-2022 course of investigation. We do not find any extraordinary or exceptional case to invoke our inherent jurisdiction under Section 482 of the Cr.P.C., after more than four years of filing of the charge-sheet.

4.

Hence, application is dismissed.

5.

Nonetheless, the applicants would have the liberty to move an appropriate application for discharge before the Competent Court, if so advised.

(VALMIKI SA MENEZES, J.) (MANISH PITALE, J.) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE