Savita W/O Vishwanath Uppalwad And ORS v. The State Of Maharashtra And ANR

913 appln.3129.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 3129 OF 2015 SAVITA W/O VISHWANATH UPPALWAD (dismissed against Applicant No.1 as per Court's order dated 2 nd July, 2015.) HARERAM @ HARISH S/O GANGARAM UPPALWAD AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Murlidhar S. Karad. APP for Respondent No.1 : Mr. S. P. Deshmukh. Advocate for Respondent No.2 : Mr. Ram S. Shinde. ...

CORAM :

A. V. NIRGUDE & INDIRA K. JAIN, JJ.

DATE :

15th January, 2016.

P.C.:

.

Applicants Nos.2 and 3 are now pressing this application seeking dismissal of criminal case initiated against them. Offence under Section 420, 468 etc. was registered long back on 19th March, 2015. The main accused is one Vishwanath. Applicant No.1 is wife of Vishwanath. Applicant Nos.2 and 3 are brother and daughter of said Vishwanath. It is their case that there is no ground for proceeding against them in this case and the case should be dismissed. Allegations against Vishwanath are quite serious. During investigation Vishwanath was arrested and was remanded to police

913 appln.3129.15.odt custody. The learned APP upon perusal of police papers indicated that the case against other Accused except Vishwanath is not quite strong. We are, therefore, inclined to pass the following order, which will meet the ends of justice : -

O R D E R

I.

The Police shall file charge-sheet or report against the Accused as the case may be within two weeks from today. If the charge-sheet is filed against Applicant Nos.2 and 3 also they are free to make application seeking discharge.

II.

Criminal application stands disposed of.

[ INDIRA K. JAIN, J. ] [ A. V. NIRGUDE, J. ] ndm