Dwarkabai Bhisan Sarode And Others v. The State Of Maharashtra And ANR.

1 CriApln 1619/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1619 OF 2016 Dwarkabai Bhisan Sarode & Ors.

APPLICANTS V E R S U S The State of Maharashtra & Anr.

RESPONDENTS Mr. Suvidh S. Kulkarni, Advocate for the Applicants Mr. M.M. Nerlikar, A.P.P. for Respondent No. 1 - State Mr. Mahesh K. Bhosale, Advocate for Respondent No. 2 CORAM : A.V. NIRGUDE & V.L. ACHLIYA, JJ.

DATE : 10th June, 2016 PER COURT :

1.

Heard. Perused the case papers.

2.

Investigation is almost over. The applicants are accused nos. 2 to 11 in Crime No. 0111 of 2016 of CIDCO Police Station, District Aurangabad. The complainant is father of victim Jaisree, who committed suicide. The complainant alleged that his daughter was harassed by her husband and applicants, who are relatives of her husband. The investigation papers show that the applicants did not stay with accused no.1 and victim Jaisree. They resided in the same locality. There is

2 CriApln 1619/2016 nothing on record to indicate that the witnesses saw harassment of the victim at the hands of applicants any time prior to her death. The entire case of the prosecution depends on hearsay material, where the witnesses stated that they heard from the victim that the applicants had caused harassment to her. This material, in our view, is not sufficient to file charge-sheet against them. The First Information Report stands quashed against the applicants. Remaining case may proceed against remaining accused. In view of above, petition stands disposed of accordingly.

( V.L. ACHLIYA, J. ) ( A.V. NIRGUDE, J. ) srm/10/6/16