Order Below Exh. 1 in Cri. B. Appln. No. 301/2022 CNR No.MHNS010009292022
Pankaj Bhagwan Mali & 4 others Vs. State
Heard:
Ld. Adv. Mr. S. P. Wadje for the applicants.
1. This is an application under section 438 of the Code of Criminal Procedure since the applicants apprehend arrest in an offence (under section 498A of the Indian Penal Code, 1860) which may get registered against them at Adgaon Police Station, Nashik by the complainant Swapnali Pankaj Mali.
2.Learned Advocate for the applicants has submitted that the applicants have reason to believe that an offence may get registered against them by the applicant No. 1’s wife Swapnali Pankaj Mali. She has filed a complaint with the Women’s Cell and they have been receiving phone calls from the Adgaon Police station.
Applicants are ready to abide by the terms and conditions imposed by the Court and also cooperate with the investigating agency.
Custodial interrogation of the applicants is not necessary.
3.Primafacie, the complainant is the legally wedded wife of applicant No. 1 and the other applicant are her inlaws. The FIR is not yet registered. In view thereof, I am inclined to allow the application in terms of the following order.
: O R D E R :
1] Application is allowed.
2] Adgaon Police Station, Nashik is directed to give 72 hours prior notice to arrest the applicants (Pankaj Bhagwan Mali, Bhagwan Namdeo Mali, Bebibai Bhagwan Mali, Sitaram Daga Mahajan, Priyanka Sitaram Mahajan) in case an offence against them is registered by the complainant Swapnali Pankaj Mali under section 498A of the Indian Penal Code, 1860.
3] Application is disposed of accordingly.
Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.03.04 17:01:27 +0530 Nashik Mridula Bhatia 04/03/2022 District Judge 2 and Additional Sessions Judge, Nashik.