Karamjit Singh Tanda And ANR. v. The State Of Maharashtra And ORS.

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2066 OF 2018 Karamjit Singh Tanda and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.R.K.Gurnani i/b Mr.P.S.Hingorani, for the Petitioners. Mr.F.R.Shaikh, A.P.P. for the Respondent No.1- State. Ms.Sonia Kaur Mandeep Singh Tanda, Respondent No.2 in-person. Mr.S.S.Bijlani i/b Mr.Manish Rai, for the Respondent No.3. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 18th JANUARY, 2019 P.C. :

1.

Heard the Petitioners.

2.

The effort is, to demonstrate that statement about demand in report to police, of which cognizance is taken as FIR on 30th May, 2017, are missing in earlier letters written by the complainant - Respondent No.2 to

2/3 police authorities.

3.

To substantiate this, our attention is invited to a letter written by Respondent No.2 on 20th May, 2017, to the Police Commissioner. We find that on next page, there is a specific averment that Car I-10 is also given on demand of her father-in-law and mother-in-law. 4.

Not only this, in statement recorded on 30th May, 2017, Respondent No.2 has also pointed out the further statements made by her father-in-law alleging that in marriage, the people from household of Respondent No.3 did not give golden ring to mother of the said father-inlaw, his elder brother and daughter of elder brother. We need not in this jurisdiction dilate more. Prima facie, we find that the report of which cognizance is taken as FIR makes out an offence. 5.

The charge-sheet also has been filed after completing investigation on 20th November, 2017. We are therefore, not inclined to intervene in extraordinary jurisdiction. However, we find that observations made by us are only for the purpose of refusing to exercise extraordinary

3/3 jurisdiction and shall not come in way of Petitioner and parties when the matter is taken up further before the trial Court. 6.

With these directions, we dispose of this Petition. REVATI MOHITE DERE, J.

B.P. DHARMADHIKARI, J.