Order Below Exh. 1 in Cri. B. Appln. No. 444/2022 CNR No.MHNS010016362022

Gokul Anandrao Pingale Vs. State

Heard:
Ld. Adv. Mr. H. S. Gaikwad for the applicant.

1.This is an application under section 438 of the Code of Criminal Procedure since the applicants apprehend arrest in an offence (under section 292 & 323 of the Indian Penal Code, 1860) which may get registered against him at Gangapur Police Station, Nashik by the complainant Divya Divyesh Thakkar. It is averred and submitted that the Ld. J.M.F.C. has allowed the application of the complainant under Sec.156 (3) of the Cr.P.C.

2.Learned Advocate for the applicant has submitted that it is alleged that the victim and the applicant were in a live­in relationship (on a false promise of marriage) and that the victim gave birth to a daughter due to the said relationship. However, the applicant refused to marry her. Ld. Adv. has submitted the applicant is highly placed and that the victim is trying to arm­twist him and extort money from him. The daughter was born several years ago and her birth certificate does not bear the name of the applicant as the father. The complainant’s previous marriage is still subsisting and she has two children from her marriage. Applicant is ready to abide by the terms and conditions imposed by the Court and also cooperate with the investigating agency. Custodial interrogation of the applicant is not necessary.

3.Prima­facie, the allegations appear to be serious in nature wherein a daughter has been born out of wed­lock. However, since FIR is not yet registered, I am inclined to allow the application in terms of the following order.

: O R D E R :
1] Application is hereby partly allowed.

2] Gangapur Police Station, Nashik is directed to give 72 hours prior notice to arrest the applicant Gokul Anandrao Pingale in case an offence against him is registered at the instance of the complainant Divya Divyesh Thakkar under Sections 292, 323, 354(a) (b)(c)(d), 376, 377, 383, 384, 406, 415, 416, 417, 418, 419, 420, 504 & 506 of the I.P.C.

3] Application is disposed of accordingly.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.07 12:01:43 +0530 Nashik Mridula Bhatia 06/04/2022 District Judge ­2 and Additional Sessions Judge, Nashik.