In a recent order, the Bombay high court granted relief to an “attempt to murder” accused by quashing the FIR against him in the case. Consequently, the court has also set aside the chargesheet that was filed against the accused.
A division bench of Justices P.V. Hardas and A.R. Joshi was hearing an appeal of Mohammed Sadiq Fakir Mohammed, who sought the court’s direction to quash an FIR registered against him in an “attempt to murder case”. He claimed that he was falsely implicated in the case and that he was in no way connected to it.
Sadiq was charged under the Indian Penal Code for trespassing and attempt to murder. He had appealed to the high court to quash his FIR.
In January, while the matter was pending in court, the police had filed a chargesheet against him and the case was pending before the Mumbai sessions court. Sadiq later amended his petition and appealed to the court to set aside the chargesheet filed against him.
He had claimed that there was “no material whatsoever that would even remotely connect” him to the crime. Sadiq said that it would be an abuse of the process of court to allow a criminal case against him in such a case.
While passing its order, the bench observed that the petitioner was right in his claim.
“We have perused the FIR as well as the entire chargesheet. Their perusal discloses that there is no material whatsoever against the present petitioner,” said the bench. It then directed that the FIR against him be quashed and discharged of any charges in the case.