Dinkar S/O. Shamraoji ... vs State Of Maharashtra Thr. P.S.O. ...
2018 Latest Caselaw 470 Bom

                                           1                                       APL9.18.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               : NAGPUR BENCH : NAGPUR.


             CRIMINAL APPLICATION (APL) NO. 9 OF 2018


 APPLICANT                : Dinkar S/o Shamraoji Suryawanshi
                            Aged about 45 years, Occupation: Service,
                            R/o New Nandanwan, Nagpur.
                            (Original accused no.5)

                                               VERSUS

  RESPONDENTS    : State of Maharashtra,
                   through Police Station Officer,
                   Police Station, Nandanwan, Nagpur.

  ----------------------------------------------------------------------------------------------
            Mr. N. G. Jetha, Advocate for the applicant.
            Mr. Amit Madiwale, A.P.P. for the non-applicant/State
  ----------------------------------------------------------------------------------------------

                      CORAM : V. M. DESHPANDE, J.

                      DATE     : JANUARY 15, 2018.


 ORAL JUDGMENT

Rule. Rule is made returnable forthwith. Heard finally

by consent of the parties.

2. Heard Shri N. G. Jetha, the learned counsel for the

applicant and Shri Amit Madiwale, the learned Additional Public

Prosecutor for the non-applicant - State.

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3. The challenge, which is set up in the present criminal

application under Section 482 of the Code of Criminal Procedure, is

to the order passed by the learned Judicial Magistrate, First Class,

Court No.1, Nagpur in Regular Criminal Case No. 3146/2016, dated

26.7.2017, by which the learned Magistrate rejected the application

filed on behalf of the present applicant under Section 239 of the

Code of Criminal Procedure for discharge, which is confirmed by the

Revisional Court in Criminal Revision Application No. 323/2017 by

the judgment and order dated 29.11.2017.

4. The first information report was lodged by Smt. Renu

w/o Tushar Bawankar in Police Station, Nandanwan, Nagpur on

14.6.2016. The said report since was disclosing commission of a

cognizable offence, the Police Station Officer registered the same as

Crime No. 226/2016 for the offences punishable under Section 498-

A read with Section 34 of the Indian Penal Code. After completion of

the entire investigation, the Investigating Officer filed the charge-

sheet in the Court of law vide Charge-sheet No. 210/2016. In the

charge-seet, the present applicant is shown as accused no.5.

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5. The first information report, which is dated 13.6.2016,

shows that the marriage of the first informant was performed with

Tushar, accused no.1, on 12.3.2010. It was a love marriage. During

the six years period of matrimony, the first informant gave birth to

one daughter by name Swara. As per the first information report,

after marriage, the first informant's husband started insulting the

first informant on various issues, including small one and started

torturing her. According to the first information report, in the said

act, there was support to her husband by the present applicant.

The first information report specifically makes

allegation against her mother-in-law. No specific allegations are

made and/or attributed against the present applicant either in

respect of demand or any mental or physical harassment.

6. This matter was taken up for hearing on 11.1.2018. On

the said day, Mr. Madiwale, the learned Additional Public Prosecutor

for the State sought time till today in order to go through the charge-

sheet so as to point out as to whether any specific role is attributed

against the present applicant or any material is there against the

present applicant. Today, Mr. Madiwale, the learned Additional

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Public Prosecutor, in his fairness, has submitted that except a general

reference in the first information report and supplementary

statement of the first informant, there is no other material against

the present applicant. Perusal of the report as well as the

supplementary statement of the first informant would reveal that the

accusations made against the present applicant are most general in

nature. Nowhere the first informant has attributed any specific role

against the applicant. In that view of the matter, in my view, the

Courts below ought to have considered the matter in correct

perspective.

7. The applicant, therefore, is entitled to be discharged

from the criminal case in view of the fact that there are no specific

accusation by which it could be said that the present applicant is

required to face the criminal trial. Consequently, I pass the following

order :

(a) The criminal application is allowed.

(b) The order passed by the learned Judicial Magistrate,

First Class, Court No.1, Nagpur, dated 26.7.2017 in Regular Criminal

Case No. 3146/2016 together with the judgment and order passed by

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the learned Additional Sessions Judge, Nagpur dated 29.11.2017 in

Criminal Revision Application No. 323/2017, are hereby quashed

and set aside.

(c) Applicant- Dinkar Shamraoji Suryawanshi stands

discharged from Regular Criminal Case No. 3146/2016.

(d) Regular Criminal Case No. 3146/2016 to proceed

further against the remaining accused in accordance with law.

8. With this, the criminal application is allowed and

disposed of. Rule is made absolute accordingly. No costs.

JUDGE

Diwale