Order Below Exh. 1 in Cri. B. Appln.No. 535/2022
(CNR No. MHNS 010021302022)
Nandu Hiraman Jadhav and 2 others Vs. State.
Heard:
Ld. Adv. Mr. A. B. Gaikwad 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.164/2022 registered at
Police Station, Ambad, Nashik for the offence under Sections
498­A, 306 & 304 B r/w. Sec. 34 of the Indian Penal Code. It is
the case of prosecution in brief that the accused (husband and
in­laws of the deceased) inflicted physical and mental cruelty on
her due to which she committed suicide. The applicants herein
are the parents­in­law and brother­in­law of the deceased.
2.

Ld. Adv. for the applicants has submitted that the
husband of the deceased (prime accused) is already behind bars.
The applicants are not the prime accused. There is no necessity
of their custodial interrogation. Applicant No. 3 is a college­
going student. He is relying on a copy of his identity card. 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.

2
4.

Applicants have complied with the terms and
conditions imposed by the Court while granting interim relief.
Prime accused is behind bars. No recovery needs to be made
from the applicants. Custodial interrogation of the applicants
therefore does not appear to be necessary. In view of the
foregoing discussion, I am inclined to allow the application in
terms of the following order:
ORDER
1)
Application is allowed.

2)
Interim order dated 29/04/2022 passed below
Exh. 4 is hereby confirmed on the same terms
and conditions.
(Dictated and pronounced in open Court)
MRIDULA
BHATIA
Nashik
06/05/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.05.06
16:24:31
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.