Order Below Exh.1 in Cri. B. Appln.No.191/2022
Shrikant Nandkumar Shirke & 5 others Vs. State Heard:
Ld.Adv. Mr. Vinod Garud for the applicants.
Ld. A.P.P. Smt. S. S. Sangale for the State.
1.This is an application under section 438 of the Code of Criminal Procedure in Crime No.24/2022 registered at Kalwan Police Station, for the offence under sections 498A, 506, 504 & 323 r/w Sec. 34 of the Indian Penal Code. It is the case of prosecution in brief that the applicants/accused (husband and inlaws of the complainant) inflicted physical and mental cruelty on her.
2.Ld. Adv. for the applicants has submitted that a false complaint has been filed against the applicants and that there is no necessity for custodial interrogation. They are ready to abide by the terms and conditions imposed by the Court.
3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicants is necessary.
4.Applicants have complied with the terms and conditions imposed by the Court while granting interim relief. 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 10/02/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.
Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.02.23 17:01:03 +0530 Nashik Mridula Bhatia 23/02/2022 District Judge2 and Additional Sessions Judge, Nashik.\