Bombay High Court
KIRTI KUMAR MANGALDAS SHAHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The criminal application is dismissed as infructuous because the A‑Summary has already been filed and accepted.
Summary
Kirti Kumar Mangaldas Shah filed a criminal application under Section 482 of the Cr.P.C. seeking to quash FIR No. 163 of 2017, which alleged offences under IPC sections 465, 466, 468, 471 and 420. The State of Maharashtra, through its A.P.P., informed the Court that an A‑Summary report had been filed on 1 September 2023 and was accepted by the competent magistrate, thereby rendering the application moot. The applicant’s counsel requested a brief adjournment to take instructions, after which the State reiterated its position. The Court, relying on the State’s submission that the matter was already concluded by the A‑Summary, dismissed the criminal application as infructuous. Consequently, the FIR remains in force and no further relief was granted to the applicant.
Issues considered
- Whether a criminal application under Section 482 Cr.P.C. for quashing an FIR is maintainable when an A‑Summary has already been filed and accepted by the magistrate, rendering the application infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code, 1860 — s. 420, 465, 466, 468, 471
Subjects
- quash FIR
- criminal application
- Section 482 Cr.P.C.
- A‑Summary
- infructuous
- IPC sections 465,466,468,471,420
- Bombay High Court
Judgment
Gitalaxmi 25-APL-193-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 193 OF 2020
Kirti Kumar Mangaldas Shah ...Applicant
Versus
The State of Maharashtra ...Respondent
__________
Mr. Sayyed Asif Husain i/b Mr. Hasanuddin S. Ansari, learned Advocate
for the Applicant.
Mr. Sukanta A. Karmakar, learned A.P.P. for the State/Respondent.
PSI Mr. Rahul Ramkrushna Kokate attached to Santacruz Police Station,
Mumbai is present in the Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 2nd FEBRUARY 2026.
P.C. :
1. By the present Criminal Application, the Applicant has sought
for the following substantive relief in terms of prayer clause
31(a) :-
“a. This Hon’ble Court may be pleased to allow the above
application and quash the FIR No. 163 of 2017 under Sections
465, 466, 468, 471 and 420 of the Indian Penal Code lodged
with Santacruz Police Station against the applicant, under
section 482 of Cr.P.C.”
2. Mr. Sukanta Karmakar, learned A.P.P. for the
State/Respondent on instructions from the Investigating Officer in
Crime No. 163 of 2017 submits that A-Summary was filed on
01.09.2023. He submits the said report has been accepted by the
Magistrate having jurisdiction. He therefore submits that the
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Gitalaxmi 25-APL-193-2020.doc
present Petition is rendered infructuous.
3. Mr. Sayyed Husain, learned Advocate appeared on behalf of
the Applicant and sought a pass over to take instructions from the
Applicant.
4. At the request of Mr. Sayyed Husain, learned Advocate for the
Applicant, this matter was taken up at 1:30 p.m. He on
instructions submit that the Petition be disposed of in view of the
statement of Mr. Sukanta Karmakar, learned A.P.P.
5. In view of the statement made by Mr. Sukanta Karmakar,
learned A.P.P. for the State/Respondent, Criminal Application No.
193 of 2020 is dismissed as infructuous.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.02.02
19:26:46 +0530
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