Order Below Exh. 1 in Cri. B. Appln.No. 414/2022 (CNR No.MHNS010014592022)

Deepak Tukaram Deore & another Vs. State.

Heard:
Ld.Adv. Ms. P. B. Pawar for the applicants.

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. Sec. 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. Applicants herein are the in­laws of the complainant.

2.Ld. Adv. for the applicants has submitted that a false complaint has been filed against the accused. There is no necessity of their custodial interrogation. They have complied with the terms and conditions imposed by the Court while granting interim relief.

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

4.Applicant No. 1 has complied with the terms and conditions imposed by the Court while granting interim relief. It is submitted by Ld. Adv. for applicant no. 2 that she is 81 years old and is bed­ridden and is unable to physically attend the police station. Custodial interrogation of the applicants does not appear to be necessary. Offence is primarily under Section 498­ A 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 29/03/2022 passed below Exh. 4 is hereby confirmed on the same terms and conditions along with the condition that the applicants 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 12:41:48 +0530 Nashik Mridula Bhatia 20/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.