Court Questions Legitimacy of FIR Against Minor; Highlights Civil Nature of Dispute
In a notable decision, the Bombay High Court has granted anticipatory bail to Shantadevi Mafatlal Purohit and her family members, who were apprehending arrest in a fraud case. The case, registered under Crime No. 158 of 2025 at MRA Marg Police Station, involved allegations of defrauding a business associate in a transaction related to Chinese toys.
Justice N.R. Borkar presided over the anticipatory bail application and highlighted significant procedural lapses in the registration of the FIR. The court observed that the dispute, involving an alleged defrauding of Rs. 60 lakhs, primarily appeared to be of a civil nature. The judge underscored concerns about the mechanical approval of the FIR by the Deputy Commissioner of Police (DCP) without considering the Assistant Commissioner of Police's (ACP) opinion, which suggested the dispute was civil and not criminal.
Significantly, the FIR included charges against Applicant No. 2, a minor, which the court found to be in violation of Rule 8 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. This rule prohibits the registration of FIRs against minors unless involved in heinous offences.
The court directed the DCP to file an affidavit explaining the circumstances leading to the FIR's registration against the minor and why the ACP's opinion was disregarded. Despite this directive, the affidavit submitted by the DCP lacked a satisfactory explanation.
Considering the overall facts, the court granted anticipatory bail to the applicants. They are to be released on furnishing a personal bond of Rs. 25,000 each, should they be arrested.
This case highlights the judicial scrutiny required in criminal proceedings, especially involving minors, and emphasizes the importance of distinguishing between civil and criminal matters.
Bottom Line:
Anticipatory bail granted in a case involving offences under Bharatiya Nyaya Sanhita, 2023, where the dispute was deemed to be of a civil nature and FIR was registered against a minor in contravention of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 316(2), 318(4), 351(2), 3(5); Juvenile Justice (Care and Protection of Children) Model Rules, 2016 Rule 8
Shantadevi Mafatlal Purohit v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2865704
