1 Order Below Exh.1 in Cri.B.Appln.No.483/2022 CNR No. MHNS010018402022

Pritam Prakash Donde & another Vs. State.

Heard:
Ld.Adv. Mr. A. F. Shaikh for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 438 of Criminal Procedure Code in Crime No. 89/2022 registered at Upnagar Police Station, Nashik for the offence under Sections 354, 324, 323, 504, 506 & 336 r/w. Sec. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that when the complainant went to his girl­ friend’s house, his brothers came there and asked him not to meet her. They also assaulted the complainant with fists and blows and ‘molested’ his girl­friend.

2. Ld. Adv. for the applicants has submitted that the FIR is false, exaggerated and extrapolated. The applicants did not molest anybody.

In fact, Sec. 354 of the I.P.C. was added subsequently.

Custodial interrogation of the applicants is not necessary. No recovery needs to be made from them. Applicants 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.

4.Applicants have complied with the terms and conditions imposed by the Court while granting interim relief. Nothing needs to be recovered from them.

Their custodial interrogation does not appear to be necessary. In view of the foregoing discussion and in view of the peculiar facts and circumstances of the case, I am inclined to allow the application in terms of the following order:

ORDER

1] The application is allowed.

2] Interim order dated 13/04/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.

MRIDULA BHATIA Nashik 28/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.29 11:19:32
+0530 Mridula Bhatia District Judge­ 2 and Additional Sessions Judge, Nashik.