Order Below Exh. 1 in Cri. B. Appln.No.563/2022
( CNR No.MHNS010022902022 )
Vishnu Tarle & Pravin Tarle Vs. State.
Heard: Ld. Adv. Mr. B. N. Thakare 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.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 applicants herein
are the fatherinlaw and brotherinlaw of the deceased.
2.
Ld. Adv. for the applicants has submitted that the
applicants are not the prime accused. There is no necessity of
their custodial interrogation. No recovery needs to be made
from them. They have complied with the terms and conditions
imposed by the Court while granting interim relief. Husband of
the deceased (who is the prime accused) is already behind bars.
3.
Per contra, Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicants is
necessary.
2
4.
Applicants have complied with the terms and
conditions imposed by the Court and cooperated with the
investigating agency. They are not the prime accused.
No
recovery needs to be made from them. Custodial interrogation of
the applicants 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 12/05/2022 passed below
Exh.4 is hereby confirmed on the same terms
and conditions.
Digitally signed
MRIDULA
BHATIA
Nashik
23/05/2022
by MRIDULA
BHATIA
Date:
2022.05.23
18:16:11
+0530
Mridula Bhatia
District Judge2 and Additional
Sessions Judge, Nashik.