Anand Namdeo Gavai And Others v. The State Of Maharashtra And Another

100-APPLN-1155-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1155 OF 2023

1. Anand Namdeo Gavai

2. Namdeo Sadashiv Gavai

3. Manorama Namdeo Gavai

4. Sachin Namdeo Gavai

5. Bebi Sachin Gavai

6. Nalanda Namdeo Gavai

7. Varsha Sadanand Telgote

8. Pratiksha Amol Khandare ..APPLICANTS

VERSUS

1. State of Maharashtra

2. Pooja Anand Gavai ..RESPONDENTS ....

Mr. A.J. Patil, Advocate for applicants Mr. M.M. Neralikar, A.P.P. for respondent no.1 - State Mr. N.E. Deshmukh, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 03rd OCTOBER, 2023 PER COURT :

1.

Heard.

2.

This application, under Section 482 of Code of Criminal Procedure, has been filed for quashment of the First Information Report ('

F.I.R.'), being Crime No. 45 of 2023 registered with Ramanand Police 1 / 2

100-APPLN-1155-23.odt Station, Jalgaon for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code. 3.

Perused the F.I.R. and related police papers. It appears that there is prima facie material to proceed against Applicant Nos. 1 to 3. We, therefore, reject their application.

4.

So far as regards Applicant Nos. 4 to 8 are concerned, the allegations against them are general, vague and omnibus in nature. One of them is brother-in-law of Respondent No.2. Another one is his wife. Both of them are residing in Pune. It is reiterated that the allegations against them are general, vague and omnibus in nature. Directing them to stand trial on the basis of such material would be an abuse of process of Court. We are, therefore, inclined to grant them relief.

5.

In view of above, criminal application is allowed in terms of prayer clause [B] so far Applicant Nos. 4 to 8 only. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2