Ismail Hussain Dungariya And ORS v. The State Of Maharashtra And ANR

1 APL 649-18.odt-27

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.649 OF 2018 Ismail Hussain Dungariya & Ors.

] ... Applicants

Versus

State of Maharashtra & Anr.

] ... Respondents Mr. Amarendra Mishra for Applicants.

Mr. S. R. Shinde, APP for State - Respondent No.1. CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- DECEMBER 03, 2018 P. C. :- 1.

Heard for some time.

2.

Contention is that one police station was conducting the mediation proceedings on report of husband dated 04/01/2018. Complainant-wife went to her father's place and filed other report of which cognizance has been taken. Contention is that in absence of preliminary inquiry and in the face of first report, said cognizance is unwarranted.

3.

We have perused the papers with the assistance of the parties.

URS 1 of 2

2 APL 649-18.odt-27 4.

We find that the report of wife lodged on 21/01/2018 shows that her statement was recorded on 13/01/2018 and in it she has spoken of certain facts which make out the offences not only under Section 498A of the IPC but also under the provisions like 354A, 504, 506 of the IPC.

5.

In the situation, at this juncture, we are not inclined to exercise extraordinary jurisdiction.

6.

Needless to mention that our observations are only for considering the case as presented in Section 482 jurisdiction and shall not, in any way, eclipse the contentions of the Applicants during further proceedings on merits.

7.

Criminal Application is accordingly disposed of. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2