Parveen Abdul Gani Shaikh v. The State Of Maharashtra And ORS.

25.ALP.115.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.115 OF 2018 Mr. Parveen Abdul Gani Shaikh ... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents ---- Smt. Jyoti Bajpayee for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 22nd MARCH 2018 P.C.:

1.

This is an application under Section 378(4) for leave to file appeal against the Judgment and Order dated 20.06.2016 passed in RCC No.208/2013, by the learned Judicial Magistrate First Class, Barshi, thereby acquitting Respondent Nos.2 to 7 from the offence punishable under Sections 498A, 323, 504, 506 r/w.34 of Indian Penal Code.

2.

Heard the learned counsel for the applicant and perused the record.

3.

The evidence on record clearly indicates that, there are vague allegations made by the first informant/applicant against her in-laws Aarti Palkar 1/2

25.ALP.115.18.doc and the prosecution has clearly failed to prove the guilt of the accusedpersons beyond reasonable doubt by leading cogent and sufficient evidence in that behalf. The record further indicates that, the relatives of the husband though were residing at the difference places and hardly visited the victim's house as guest have also been roped in the offence under Section 498A of IPC. It appears to this Court that, only to cause harassment to the family members of Respondent No.2, the present crime was registered by the applicant against them. 4.

After perusing the entire record, this Court is of the opinion that the view adopted by the Trial Court is a reasonable and probable view in the facts and circumstances of the present case. 5.

No case is made out for grant of leave.

6.

Application is accordingly rejected.

(A.S.GADKARI, J.) Aarti Palkar 2/2