Order Below Exh. 1 in Cri. B. Appln.No.551/2022
( CNR No.MHNS010002212022 )
Vaishali Kailas Thorat Vs. State.
Heard: Ld. Adv. Mr. B. N. Thakare 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.127/2022 registered at
Police Station, Nashik­Road, Nashik for the offence under
Sections 498­A & 306 r/w. Sec. 34 of the Indian Penal Code. It is
the case of prosecution in brief that the accused (husband and
in­laws of the deceased) inflicted physical and mental cruelty on
her due to which she committed suicide. The applicant herein is
the sister­in­law of the deceased.
2.

Ld. Adv. for the applicant has submitted that the
applicant is the married sister­in­law of the deceased. She was
married 14 years ago and resides in Ahmednagar district in her
matrimonial home. Therefore, it can not be stated that she is
responsible for the suicide of the deceased. She is not the prime
accused. There is no necessity of her custodial interrogation. No
recovery needs to be made from her. She has complied with 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 applicant is
necessary.

2
4.

Applicant
has
complied
with
the
terms
and
conditions imposed by the Court and co­operated with the
investigating agency. She is not the prime accused. No recovery
needs to be made from her. Custodial interrogation of the
applicant does not appear to be necessary. In view thereof, I
am inclined to allow the application in terms of the following
order :­
ORDER
1)
Application is allowed.

2)
Interim order dated 05/05/2022 passed below
Exh.4 is hereby confirmed on the same terms
and conditions.
MRIDULA
BHATIA
Nashik
23/05/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.05.23
18:08:46
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.