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Bombay High CourtAPPLN/3291/2022application allowed

Ajinkya Arun Kotwal And Others v. The State Of Maharashtra And Another

2023-07-07Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

cran3291.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CRIMINAL APPLICATION NO.3291 OF 2022 1.

Ajinkya Arun Kotwal (withdrawn) 2.

Pratibha Arun Kotwal 3.

Arun Uttam Kotwal 4.

Jagruti Vijay Badgujar 5.

Vijay Pandurang Badgujar 6.

Snehal Dipak Badgujar 7.

Dipak Hemchand Badgujar ...Applicants versus 1.

The State of Maharashtra 2.

Sau. Bhagyashree w/o Ajinkya Kotwal

...Respondents

...

Advocate for Applicants : Mr. Anudeep D. Sonar APP for Respondent No.1: Mr. R.B. Bagul Advocate for Respondent No.2 : Mr. Tapan K. Sant .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 7th JULY, 2023.

PER COURT :- 1.

Heard.

2.

On close reading of the F.I.R. and the statements of the relations of the respondent wife, the allegations against the husband makes out a prima facie case for proceeding against him for the offence punishable under Section 498-A of I.P.C. since he allegedly made demand of Rs.25,000/- and then Rs.10,00,000/- for purchase of car.

cran3291.22 -23.

So far as the other applicants are concerned they have simply been alleged to have harassed and ill-treated the respondent wife. The allegations made in the F.I.R. do not get covered by Section 498-A of I.P.C.

4.

We are therefore, inclined to allow this application. The application thus succeeds. The application therefore, is allowed in terms of prayer clauses "B" and "B-1".

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/