Order Below Exh. 1 in Cri. B. Appln.No. 482/2022 (CNR No.MHNS010018392022)

Kalavati Laxman Waje & 8 others Vs. State

Heard:

Ld.Adv. Mr. A.C. Pradhan 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.I­81/2022 registered at Nashik Road Police Station, Nashik for the offence under sections 498­A, 406, 323, 504, 506, 494 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. Applicants are the relatives of her husband.

2.Ld. Adv. for the applicants has submitted that a false complaint has been filed against the applicants and that there is no necessity of their custodial interrogation. They have complied with the terms and conditions imposed by the Court while granting interim relief.

They are not the prime accused.

Husband and in­laws of the complainant have been granted bail.

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. They are not the prime accused. Husband and in­laws of the complainant have been granted bail. 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 13/04/2022 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 21/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.21 18:59:12
+0530 Mridula Bhatia District Judge­2 and Additional Sessions Judge, Nashik.