Bombay High Court Dismisses Plea to Quash FIR Against MNS Activist

Court advises petitioner to seek discharge application as chargesheet ready for trial

In a significant ruling, the Bombay High Court on December 9, 2025, dismissed a criminal writ petition filed by Akhil Anil Chitre seeking to quash an FIR registered against him. The FIR, lodged on December 4, 2020, pertains to allegations under Sections 341, 323, 504, 506, and 34 of the Indian Penal Code, involving assault and intimidation related to a civil suit filed by Amazon Transportation Pvt. Ltd. The bench, comprising Justices A. S. Gadkari and Ranjitsinha Raja Bhonsale, emphasized that the court cannot conduct a mini-trial or evaluate evidence under Section 482 of the Criminal Procedure Code, reiterating the availability of an alternate remedy for the petitioner.

The court noted that a prima facie case was made out against Chitre based on the FIR, investigation papers, witness statements, and CCTV footage implicating him in the alleged assault on Advocate Durgesh R. Gupta. The court highlighted that the investigation was complete, and the chargesheet was ready to be filed, thus advising the petitioner to pursue a discharge application before the trial court under Section 227 of the CrPC.

Citing Supreme Court judgments, the bench reiterated that the High Court should refrain from exercising its jurisdiction under Article 226 when an efficacious alternate remedy is available. The court further denied the petitioner's request to extend interim relief, which had been in place since 2021, for an additional four weeks.

The judgment underscores the judiciary's stance on the procedural approach in criminal cases, reinforcing the importance of trial courts in evaluating the merits of charges based on the investigation materials.

Bottom Line:

Quashing of FIR - Prima facie case made out against the petitioner based on investigation and evidence - High Court cannot conduct a mini-trial or evaluate evidence while dealing with a petition under Section 482 of CrPC.

Statutory provision(s): Section 482 CrPC, Section 227 CrPC, Article 226 of the Constitution of India, Sections 341, 323, 504, 506, 34 of the Indian Penal Code.

Akhil Anil Chitre v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2819808