Ramesh Kachru Bansode And ORS v. The State Of Maharashtra And ANR

apl­882.14.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.882 OF 2014 Ramesh Kachru Bansode and Ors.

... Applicants Vs.

The State of Maharashtra ... Respondent Mr. Silvin Yohanan Kale for the Applicants.

Mrs. M.H. Mhatre, APP for the Respondent No.1. Mr. Satish S. Mande for the Respondent No.2.

CORAM : A.S. OKA & P. D. NAIK, JJ.

DATE : 1st APRIL, 2016 P.C.

.

The learned counsel appearing for the Applicants submits that no offence under Section 498­A of the Indian Penal Code, 1860 is made out as against the Applicants.

However, we find that prayer in this application under Section 482 of the Code of Criminal Procedure, 1973 is for quashing the charge sheet. The Applicants have a remedy available before the appropriate Court for raising the contentions which are raised in this application. The law is well settled. The power under Section 482 of the said Code has to be exercised sparingly. By granting liberty to the

apl­882.14.sxw Applicants to take out appropriate proceedings before the appropriate Court, we dispose of the application. All contentions on merits are kept open.

(P. D. NAIK, J ) (A.S. OKA, J )