IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, J., SHYAM C. CHANDAK, JJ
Pandurang Shripati Magadum – Appellant
Versus
Rajaram Ragho Taware – Respondent
JUDGMENT :
Shyam C. Chandak, J.
Present Petition filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure is seeking quashing and setting aside of an F.I.R. being No.I-165 of 2017 under Sections 420, 406, 465, 467 read with 34 of the Indian Penal Code, 1860 registered with Mumbra police station qua the Petitioner.
2. Heard Mr. Patil, the learned Advocate for the Petitioner, Mr. Gharat, the learned Advocate for the Respondent No.1 and Mr. Yadav, the learned APP for the Respondent-State. Perused the record.
3. Rule. Rule made returnable forthwith. By consent of the parties taken up for final hearing. Mr. Gharat and the learned APP waived the notice.
4. Facts giving rise to this Petition are that :-
4.1 Respondent No.1 filed a criminal complaint bearing No.OMA No.824 of 2015 in the Court of Judicial Magistrate First Class, at Thane. The Respondent Nos.2 to 6 and the Petitioner were arrayed as accused Nos.1 to 6 therein, for commission of the aforesaid alleged offences. (Hereinafter the parties are being referred to by their said original status i.e., Respondent No.1 as the ‘complainant’; Respondent Nos.2 to 6 as the ‘accused Nos.1 to 5 [A1
The court held that an F.I.R. cannot be registered without prior police report under Section 154, and vague allegations do not establish a prima facie case, leading to quashing of the F.I.R.
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