Case Note & Summary
The petitioner, Jagannath Singh, filed a criminal writ petition before the Bombay High Court seeking quashing of an FIR registered against him under Sections 403, 504, 406, 409, 506 II read with 511 and 120-B of the Indian Penal Code. The FIR was based on a complaint filed by Respondent No.1, Dr. Shri Ajay Upadhyay, before the JMFC, Bhiwandi. The Magistrate ordered investigation under Section 156(3) of the Code of Criminal Procedure, 1973, and the police registered M.C.R. No. 2/2005 against the petitioner and his son. The petitioner contended that he had no role to play in the alleged offence and had no concern with the business of his son, who was the main accused. The petitioner's son had already been arrested, and the police sought to arrest the petitioner. The court heard the matter on the issue of interim protection from arrest, noting that many similar matters come before it. The court granted interim protection to the petitioner from arrest pending the disposal of the petition, without expressing any opinion on the merits of the case.
Headnote
A) Criminal Procedure Code - Interim Protection from Arrest - Section 156(3) CrPC - Magistrate's order for investigation - Petitioner sought quashing of FIR alleging no role in son's business - Court granted interim protection from arrest to prevent irreparable harm while petition is pending (Paras 1-4).
Issue of Consideration
Whether the petitioner, who is the father of the main accused and has no role in the alleged business, should be granted interim protection from arrest pending the disposal of his petition for quashing of FIR.
Final Decision
The court granted interim protection to the petitioner from arrest pending the disposal of the petition, without expressing any opinion on the merits of the case.
Law Points
- Interim protection from arrest
- Quashing of FIR
- Section 156(3) CrPC
- Criminal breach of trust
- Vicarious liability
Case Details
2006 LawText (BOM) (07) 37
Criminal Writ Petition No. 1254 of 2006
D. G. Deshpande, S. A. Bobde
Mr. K. S. Patil for the Petitioner, Mrs. S. D. Shinde APP for the Respondents-State
Dr. Shri Ajay Upadhyay, The State of Maharashtra
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Nature of Litigation
Criminal writ petition seeking quashing of FIR and interim protection from arrest.
Remedy Sought
Petitioner sought quashing of FIR registered against him and interim protection from arrest.
Filing Reason
Petitioner alleged he had no role in the business of his son, who was the main accused, and that the FIR was falsely registered against him.
Previous Decisions
Magistrate ordered investigation under Section 156(3) CrPC; police registered M.C.R. No. 2/2005; petitioner's son was arrested.
Issues
Whether the petitioner is entitled to interim protection from arrest pending disposal of the petition for quashing of FIR.
Submissions/Arguments
Petitioner's counsel argued that the petitioner has no role in the alleged offence and no concern with his son's business, and sought protection from arrest until the petition is decided.
Ratio Decidendi
Interim protection from arrest is necessary to prevent irreparable harm to the petitioner while his petition for quashing of FIR is pending, especially when the petitioner claims no role in the alleged offence.
Judgment Excerpts
We heard the matter at length on this last issue because many matters come before us in similar background, that is, person filing a complaint before the Magistrate, Magistrate passing order under Section 156(3) of the Code.
Procedural History
Respondent No.1 filed a criminal complaint before JMFC, Bhiwandi. Magistrate ordered investigation under Section 156(3) CrPC. Police registered M.C.R. No. 2/2005 against petitioner and his son. Petitioner's son was arrested. Petitioner filed this writ petition seeking quashing of FIR and interim protection from arrest.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 403, 504, 406, 409, 506 II, 511, 120-B
- Code of Criminal Procedure, 1973 (CrPC): 156(3)
