Order Below Exh. 1 in Cri. B. Appln.No. 469/2022
(CNR No.MHNS010017542022)

Shashikant Kishor Jadhav & 2 others Vs. State.
Heard:

Ld.Adv. Ms. P. B. Pawar 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.67/2022 registered at Police Station, Ambad, Nashik for the offence under sections 498­A & 406 r/w Sec. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused persons (husband and in­ laws of the complainant) inflicted physical and mental cruelty on her. Applicants herein are the husband & parents­in­law of the complainant.

2.Ld. Adv. for the applicants has submitted that a false complaint has been filed against the accused. There is no necessity of their custodial interrogation. They 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. 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 11/04/2022 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 22/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.25 10:06:17 +0530 Mridula Bhatia District Judge­ 2 and Additional Sessions Judge, Nashik.