MOHAMMAD HISHAM OSMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of parties.

(2.) The applicant has preferred the present application under Sec. 482 of the Crimial P.C. seeking to exercise the inherent jurisdiction of this court to quash and set aside the FIR bearing No. 321 of 2016 registered against the applicant and others at City Chowk police station, Aurangabad, for the offence punishable under sections 420,425, 465, 468, 471, 204, 417, 120-B r/w. 34 of IPC. The applicant agitated the validity, legality and propriety of the impugned FIR being subsequent FIR of the same offence and the same set of allegations as contained in the earlier FIR bearing Crime NO. 271 of 2014 registered at City Chowk police Station, Aurangabad, following the directions of the learned Magistrate dated 3.11.2014 under Sec. 156(3) of the Crimial P.C. in private complaint proceeding vide Criminal M.A. No. 2247 of 2014 initiated at the behest of the respondent No. 2 - Rafik Ahmed s/o. Mohd. Usman.

(3.) The genesis of the application culled out in brief is as under:-