1
Order Below Exh.1 in Cri.B.Appln.No.507/2022
CNR No. MHNS010019712022
Rahul Shivaji Wagh Vs. State.

Heard:
1.

Ld.Adv. Mr. S. S. Lahamge for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.

This is an application under section 438 of Criminal
Procedure Code in Crime No. 149/2022 registered at Police Station,
Sinnar, Dist. Nashik for the offence under sections 354, 504, 506 &
r/w. Sec. 34 of the Indian Penal Code, 1860. It is the case of
prosecution in brief that the complainant/victim is the wife of the
accused/applicant. There are matrimonial disputes between them. On
the date of the incident, the applicant came to the victim when she
was standing on the bus­stop, hugged her and told her that she will
have to take a decision about their relationship once and for all and
come and stay with him if she decides to stay with him.
2.

Ld. Adv. for the applicant has submitted that the FIR is
false. Admittedly, the applicant is the legally­wedded husband of the
so­called victim.

The allegations are laughable to say the least.

Custodial interrogation of the applicant is not necessary. Nothing
needs to be recovered from him. Applicant has complied with the
terms and conditions imposed by the Court while granting interim
relief.

..2..

3.

Cri.B.A. 507/2022
(Or.Exh.1)
Per contra Ld. A.P.P. has opposed the application on the
ground that custodial interrogation of the applicant is necessary.
4.

Applicant has complied with the terms and conditions
imposed by the Court while granting interim relief. No recovery needs
to be made from him. His custodial interrogation therefore does not
appear to be necessary. In view of the foregoing discussion and in
view of the peculiar facts and circumstances of the case, I am inclined
to allow the application in terms of the following order:
ORDER
1]
The application is allowed.

2]
Interim order dated 22/04/2022 passed below Exh.4 is
hereby confirmed on the same terms and conditions.

MRIDULA
BHATIA
Nashik
02/05/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.05.02
16:11:40
+0530
Mridula V.K. Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.