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Bombay High CourtAPPLN/1122/2022disposed off

Dilip Chhagan Chavan And Another v. The State Of Maharashtra And Another

2023-02-17Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice R. M. Joshi2 pages

948-APPLN-1122-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1122 OF 2022 DILIP CHHAGAN CHAVAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. S. T. Mahajan, Advocate for the Applicants. Mr. P.G. Borade, APP, for the Respondent - State. Mr. Ajay Shinde, Advocate for the Respondent No. 2. ...

CORAM:SMT. ANUJA PRABHUDESSAI & R.M. JOSHI, JJ DATE :FEBRUARY 17, 2023 PER COURT :

1.

This is an application under Section 482 to quash the first information report no. 34/2022 registered with Thalner Police Station, Dhule for offences punishable under Section 363 read with Section 34 of the Indian Penal Code.

2.

The son of the Respondent No. 2 stated that who was a Professor in S.P.D.M. College, Shirpur went missing on 03/03/2022. It appears that there was matrimonial dispute between the son of the Respondent No. 2 and his wife. Respondent No. 2 lodged report against the Applicants i.e., father-in-law and brotherin-law of his son, suspecting that they had abducted his son.

Malani

948-APPLN-1122-2022.odt 3.

The crime has been investigated, learned APP stated that the investigating agency has not been able to trace the missing person despite best efforts. He further submits that there is no material to indicate that the Applicants herein were involved in abducting the son of the Respondent No. 2. He has placed on record copy of the letter dated 17.02.2023, wherein PSI, Thalner Police Station informed that the 'A' summary report would be filed before the learned JMFC, Shirpur in respect of the sad crime.

4.

In the light of the said statement, nothing survives in the application, and the same stands disposed of.

5.

Learned Counsel for the Respondent No. 2 states that he will file habeas corpus Petition. The investigating officer shall furnish copy of the report to the Respondent No. 2 to enable him to file further proceedings.

(R.M. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J) Malani