Jabbarshah Gulabshah Fakir v. The State Of Maharashtra And Another

240-Cri-Apln-3016-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 240 CRIMINAL APPLICATION NO. 2914 OF 2025 JABBARSHAH GULABSHAH FAKIR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Mr. P. B. Patil, Advocate for the Applicant Ms P.V. Diggikar, APP for Respondent No.1 - State Mr. P. H. Patil, Advocate for Respondent No.2 ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 08.09.2025 PER COURT :- 1.

The Application is taken up at 2.30 p.m. today on the basis of the statement made by the learned counsel appearing for the Applicant that the dispute between the complainant and the Applicant has been settled and therefore, the application for quashing of F.I.R. ought to be allowed.

2.

But the record shows that the F.I.R. in the present case was registered against the present Applicant for the offences punishable under Sections. 143, 147, 148, 149, 307, 341, 323, 504 and 506 of the Indian Penal Code and under Section 4/25 of the Arms Act.

(( 2 )) 240-Cri-Apln-3016-2025 3.

We find that the offence under Section 307 of I.P.C. can be categorized as a heinous offence and even if reliance is placed on behalf of the Applicant on the judgment of the Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, it would be appropriate that the record of the Sessions Case i.e. Sessions Case No.136 of 2010 is perused before any order is passed in the present Application.

4.

Ms Diggikar, the learned APP submits that she will procure the relevant papers from the concerned Investigating Officer. 5.

In view of the above, the Application shall be taken up for consideration on 29.09.2025.

6.

The learned APP may produce the aforesaid papers. In the meanwhile, call for the record of Sessions Case No.136 of 2010, disposed of by the Court of Sessions, Dhule.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS