Order Below Exh. 1 in Cri. B. Appln. No. 589/2022
( CNR No. MHNS010023512022 )
Sangita Santosh Dhangar Vs. State.
Heard:
Ld.Adv. Mr. M. D. Bhanose for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the state.
Perused the say of the interventionist.

1.

This is an application under Section 438 of the Code
of Criminal Procedure in Crime No.68/2022 registered at
Mhasrul Police Station, Nashik for the offence under Sections
306, 498­A & r/w Sec. 34 of the Indian Penal Code. It is the case
of prosecution in brief that the accused (husband and mother­in­
law of the deceased) inflicted physical and mental cruelty on her
due to which she committed suicide. The applicant herein is the
mother­in­law of the deceased. It is inter­alia alleged that the
accused persons were demanding Rs. 20 lakhs from the victim’s
family to start an advertising agency.
2.

Ld. Adv. for the applicant has submitted that the
husband of the deceased is already behind bars. The applicant is
not the prime accused. There is no necessity of her custodial
interrogation. No recovery needs to be made from her. He has
filed on record printout of What’s App chats between the
deceased and her husband one day prior to the commission of
suicide, which indicate that when the victim told her husband
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Cri. B. Appln.No. 589/2022
Order Below Exh. 1
that she will be committing suicide tomorrow, he told her not to
be silly. The suicide was committed at parental home. On 26­
04­2022, the husband of the deceased dropped her to her
parental house and the suicide was committed on 03­05­2022.
Thus, there was a time lag. The applicant is working as a clerk
in Jalgaon Municipal Corporation and will not flee from justice.

3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicant is
necessary. As per the FIR, the victim had complained to her
parents about the cruelty being inflicted upon her and that the
accused had undertaken to treat her well. Despite this, there
was no improvement in their behaviour. The husband of the
accused did not even care to drop the victim to her parents’
house, but only dropped her to the bus stop. Moreover, in the
messages annexed by the learned advocate for the applicant,
there is a clear mention by the victim (one day prior to the
commission of suicide) that her mother­in­law has been
tormenting her since the past one year. Therefore, it cannot be
stated that the applicant is not the prime accused. Unless her
custodial interrogation is granted, proper investigation will not
be carried out.

4.

In the case at hand, the applicant is also a prime
accused and there are specific allegations against her. In fact, in
the messages annexed by the learned advocate for the applicant,
there is a clear mention by the victim (one day prior to the
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Cri. B. Appln.No. 589/2022
Order Below Exh. 1
commission of suicide) that her mother­in­law has been
tormenting her since the past one year. Therefore, it cannot be
stated that the applicant is not the prime accused. Unless her
custodial interrogation is granted, the Investigating Officer will
not be able to carry out proper investigation. In view of the
foregoing discussion, I am inclined to reject the application.
ORDER
Application is rejected.
MRIDULA
BHATIA
Nashik
26/05/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.05.26
18:36:16
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.