Bombay High Court
VIVEK MANGALA AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The petition is dismissed as infructuous because the investigation report is pending before the appropriate court.
Summary
Vivek Mangala and another filed a writ petition seeking a mandamus directing the quash of FIR C.R.No.I‑111 of 2014 registered at Kalwa Police Station, alleging that the FIR was illegal, null and void. The petitioners argued that the investigating agency had filed a ‘C’ Summary Report which was still pending before the competent court, rendering the petition infructuous. The State of Maharashtra, through its Assistant Public Prosecutor, did not oppose the petitioners' request to dismiss the petition on that ground. The learned Judge accepted the petitioners' submission that the matter was pending before another forum and consequently held that the writ petition could not proceed. The petition was therefore disposed of as infructuous.
Issues considered
- What is the effect of a pending investigation report on the maintainability of a writ petition seeking quash of an FIR?
- Whether a writ of mandamus can be issued to set aside an FIR when the investigation is ongoing?
Subjects
- mandamus
- FIR quash
- criminal procedure
- pending investigation
- infructuous petition
Judgment
26-WP-1780-2014.doc
Digitally signed
GAYATRI
by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI Date:
2026.01.30
20:10:25 +0530
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1780 OF 2014
Vivek Mangala And Anr. … Petitioners
V/s.
The State of Maharashtra & Anr. … Respondents
-------
Mr. Ganesh Bhujbal, Advocate for the Petitioners.
Mr. Prasanna Malshe, APP for Respondent – State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. This Petition is listed under the caption ‘Prioritised
Cases’.
2. By the present Petition, the Petitioners have sought for
the following substantive relief in prayer clause 24 (b) :-
“(b) Writ of Mandamus or at any other appropriate
writ, order or direction in the like nature be issued
thereby declaring the F.I.R. C.R.No.I-111 of 2014 dated
13.02.2014 registered at Kalwa Police Station, Thane,
arising out of the order dated 10.01.2014 passed by the
learned Judicial Magistrate First Class, 1 st Court, Thane
in O. Μ. Α. No. 24 of 2014, as illegal, null and void and
hence quashed and set aside.”
Gayatri shimpi 1
26-WP-1780-2014.doc
3. Mr. Ganesh Bhujbal, learned Advocate for the
Petitioners submits that the Respondent No. 1 upon investigation
has filed a ‘C’ Summary Report which is pending before the Court
having jurisdiction. He therefore submits that this Petition has
become infructuous, as such be disposed of.
4. Mr. Prasanna Malshe, learned APP for the State does
not object to the request.
5. In view of the statement made by Mr. Ganesh Bhujbal,
learned Advocate for the Petitioners, this Petition is disposed of as
infructuous.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
Checking your session…