Order Below Exh. 1 in Cri. B. Appln. No. 651/2022
(CNR No. MHNS010025032022)
Pramod Radhakishan Lakhotiya Vs. State
Heard:
Ld. Adv. Mr. R. S. Kushwah 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.81/2022 registered at
Panchavati Police Station, Dist. Nashik for the offence under
sections 498­A, 323, 504 & 506 of the Indian Penal Code. It is
the case of prosecution in brief that the applicant/accused
(husband of the complainant) inflicted physical and mental
cruelty on her. He also had an extra­marital relationship with
the maid servant.
2.

Ld. Adv. for the applicant has submitted that nothing
needs to be recovered from the applicant and that there is no
necessity of his custodial interrogation. He has 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 applicant is
necessary. The applicant has inflicted physical as well as mental
cruelty on his wife due to which she is constrained to reside
away from the applicant.

4.

Applicant
has
complied
with
the
terms
and
conditions imposed by the Court while granting interim relief.
Nothing needs to be recovered from the applicant. However,
there are specific allegations against the applicant. 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 subject to the following terms
and conditions.
ORDER
1)
Application is allowed.

2)
Interim order dated 24/05/2022 passed below
Exh. 4 is hereby confirmed on the same terms
and conditions along with the condition that the
applicant shall not commit any offence and shall
not tamper with the prosecution evidence.

(Dictated and pronounced in open Court).
Digitally
signed by
MRIDULA
MRIDULA BHATIA
BHATIA
Date:
2022.06.01
12:09:18
+0530
Nashik
01/06/2022.

Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.