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Bombay High Court

Harshal @ Sagar Jayvant Pawar And Others vs The State Of Maharashtra And Another on 2 November, 2023

Author: R. G. Avachat

Bench: R. G. Avachat

2023:BHC-AUG:23842-DB


                                                           1                          985 APPLN.2382.2022.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      BENCH AT AURANGABAD.

                                 985 CRIMINAL APPLICATION NO.2382 OF 2022


              1) Harshal @ Sagar Jayvant Pawar.
              2) Jayavant Pitambar Pawar.
              3) Kalpana W/o Jayavant Pawar.
              4) Divya W/o Nitinkumar Pawar.
              5) Priti W/o Hiteshwar Khanderay.                          ... Applicants

                        Versus

              1) The State of Maharashtra.
              2) Nilima @ Devyani W/o Harshal Pawar.                     ... Respondents


                                                    ...
              Mr. Suniket Anil Kulkarni & Ms. Rutuja L. Jakhade, Advocate for Applicants.
              Mrs. V. N. Patil-Jadhav, APP for Respondent No.1 / State.
              Mr. N. L. Choudhari, Advocate for Respondent No.2.
                                                    ...


                                                    CORAM : R. G. AVACHAT and
                                                            SANJAY A. DESHMUKH, JJ.
                                                    DATE       :   02nd November, 2023.

              Per Court:

              .                  Heard.


              2                  Perused the FIR.


              3                  Since the overt acts have been attributed to applicant

Nos.1 to 3, their application has already been withdrawn. So far as other applicants are concerned, they are sister-in-law and wife of brother-in-law of respondent No.2.

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2 985 APPLN.2382.2022.odt 4 Although the learned counsel for respondent No.2 and the learned APP have strong objection on the ground that there are averments indicating the involvement of these applicants, as well, we find the allegations against them are general, vague and omnibus. Therefore, we find it to be a fit case to grant them relief. Therefore, the application is allowed in terms of prayer clauses (B) and (B-1) only to the extent of applicant Nos.4 and 5.

[ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga ::: Uploaded on - 03/11/2023 ::: Downloaded on - 04/11/2023 08:05:05 :::