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Bombay High Court

Manglesh S/O. Harishamji Shende And 2 ... vs State Of Maharashtra Pso, Police ... on 23 September, 2021

Bench: V.M. Deshpande, Amit B. Borkar

                                          1                                    230921apl977.21.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                     CRIMINAL APPLICATION [APL] NO. 977 OF 2021
                 MANGLESH S/o HARISHAMJI SHENDE AND OTHERS
                                          VERSUS
      STATE OF MAH., THRU. P.S.O., P.S., PARATWADA, DIST. AMRAVATI AND ANOTHER
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. A. K. Madane, Advocate for the applicants.
                          Mr. N. R. Patil, A. P. P. for the non-applicant/State

                          CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.

DATE : SEPTEMBER 23, 2021.

1. Heard Mr. A. K. Madane, learned counsel for the applicants. Mr. N. R. Patil, learned Additional Public Prosecutor appears on behalf of the State.

2. By the present criminal application, the applicants are challenging the first information report No. 407/2021 lodged with Police Station, Paratwada, Dist. Amravati for the offences punishable under Sections 323, 498-A, 504, 506 read with Section 34 of the Indian Penal Code by non-applicant no.2 against the applicants, who are her husband and in-laws.

3. After perusal of the first information report, it is crystal clear to the Court that there are specific allegations against each of the applicants and the first information report cannot be quashed at this stage inasmuch as the investigating agency has to be given fullest opportunity to investigate the matter and file the charge-sheet since we are of the view that truthfullness or otherwise of the ::: Uploaded on - 23/09/2021 ::: Downloaded on - 25/09/2021 04:59:31 ::: 2 230921apl977.21.odt statements made the first information report can be tested.

4. The criminal application is, therefore, rejected.

                                 JUDGE                         JUDGE

Diwale




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