Suyash Dashrath Bhojane And Others v. The State Of Maharashtra And Another

980 APPLN.1586.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

980 CRIMINAL APPLICATION NO.1586 OF 2022

1) Suyash Dashrath Bhojane.

2) Dashrath Damodhar Bhojane.

3) Kunda W/o. Dashrath Bhojane.

4) Kanchan W/o. Harshal Patil.

5) Harshal Ramdas Patil.

6) Samruddhi W/o. Sachin Ghumar.

7) Sachin Dnyandeo Ghumare.

... Applicants

Versus

1) The State of Maharashtra.

2) Geeta W/o. Suyash Bhojane.

... Respondents ...

Mr. Amar Vinayakrao Lavte, Advocate for Applicants. Mr. R. V. Dasalkar, APP for Respondent/State. Mr. Manoj A. Dond, Advocate for Respondent No.2. ...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

02nd November, 2023.

Per Court:

.

After hearing the learned counsel for applicants, we expressed disinclination to grant relief to applicant Nos.1 to 3. The learned counsel for applicants, therefore, comes around and, on instructions, withdraws their application.

So far as regards other applicants are concerned, they are

980 APPLN.1586.2022.odt sisters-in-law and their husbands. It has been averred in the FIR that these applicants used to visit respondent No.2's matrimonial home once a week and ill-treat her. As such, allegations against them are not specific. Asking these applicants to stand trial would, therefore, be an abuses of process of Court. We are, therefore, inclined to allow the application to the extent of applicant Nos.4 to 7, in spite of there being strong objection by the learned counsel for respondent No.2, since according to him, the allegations in the FIR make out a case against these applicants to stand trial.

In view of the above, the following order is passed:

O R D E R

I.

The application of applicant Nos.1 to 3 stands disposed of as withdraw.

II.

The application is allowed in terms of prayer clauses (C) to (E) to the extent of applicant Nos.4 to 7 only. [ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga