Order Below Exh. 1 in Cri. B. Appln.No. 500/2022
(CNR No.MHNS010019382022)
Swapanil Balkrushna Shelke & 4 others Vs. State.
Heard:
Ld.Adv. Ms. Alka Shelke/MorePatil 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.41/2022 registered at Police
Station, Indiranagar, Nashik for the offence under sections 498­
A, 406, 323, 504 & 506 r/w Sec. 34 of the Indian Penal Code,
1860. It is the case of prosecution in brief that the accused
persons (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 accused. There is no
necessity of their custodial interrogation. 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.

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4.

Applicants have complied with the terms and
conditions imposed by the Court while granting interim relief.
Custodial interrogation of the applicants does not appear to be
necessary. 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 22/04/2022 passed below
Exh. 4 is hereby confirmed on the same terms
and conditions along with the condition that the
applicants shall return the Stridhan(if any) of
the victim.
(Dictated and pronounced in open Court)
MRIDULA
BHATIA
Nashik
06/05/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.05.06
16:24:03
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.