Order Below Exh. 1 in Cri. B. Appln.No. 391/2022 (CNR No.MHNS010013252022)

Asha Balasaheb Borase Vs. State

Heard:
Ld.Adv. Mr. K. B. Wagh for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under Section 438 of the Code of Criminal Procedure in Crime No.67/2022 registered at Police Station, Ambad, Nashik for the offence under Sections 498­A & 406 r/w. S. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused persons (husband and inlaws of the complainant) inflicted physical and mental cruelty on her. Applicant herein is a relative (aunt) of the victim’s husband.

2.Ld. Adv. for the applicant has submitted that a false complaint has been filed against the applicant. She has now complied with the terms and conditions imposed by the Court.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicant is necessary.

4.Applicant is not the prime accused. She has complied with the terms and conditions imposed by the Court. Offence is primarily under Section 498­A of the I.P.C. Therefore, in view of the guidelines laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, I am inclined to allow the application in terms of the following order.

ORDER
1) Application is allowed.

2) Interim order dated 23/03/2022 passed below Exh. 4 is hereby confirmed on the same terms and conditions along with the condition that the applicant shall return the Stridhan(if any) of the victim.

(Dictated and pronounced in open Court) Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 12:41:26 +0530 Nashik Mridula Bhatia 20/04/2022 District Judge ­2 and Additional Sessions Judge, Nashik.