Order Below Exh.1 in Cri.B.Appln.No.465/2022

CNR No. MHNS010017442022

Vijay Vasant Gangurde @ 2 others Vs. State.

Heard: Ld.Adv. Mr. M. P. Sansare 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. 80/2022 registered at Upnagar Police Station, Nashik for the offence under sections 354, 504, 506 & r/w. Sec. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that accused No. 1/applicant No. 1 used to refer/address the complainant’s 28 year­old son as ‘Beta’. He therefore made a grievance to the complainant about the same who went to accused No. 1 and spoke to him about it. At this time, his nephews (accused No. 2 and 3) were also present. This led to an argument between the applicants
and the complainant and the applicants abused her and molested her.

2.Ld. Adv. for the applicants has submitted that the incident is exaggerated and extrapolated. As can be seen from the FIR, there was no bad intention on the part of the applicants. In fact, applicant
No. 1 used to call the complainant’s son ‘Beta’. 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, I am
inclined to allow the application in terms of the following order:

ORDER

1] The application is allowed.

2] Interim order dated 11/04/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.22 16:47:41 +0530 Nashik 22/04/2022 Mridula Bhatia District Judge­2 and Additional Sessions Judge, Nashik.