Ajay S/O Ramesh Yedaskar And ORS. v. The State Of Maharashtra And ORS

crwp1378.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1378 OF 2015 Ajay s/o Ramesh Yedaskar and ors.

...Petitioners

VERSUS

The State of Maharashtra & ors.

...Respondents

.....

Shri R.D.Biradar, advocate for petitioners Shri S.D.Ghayal, A.P.P. for respondent nos. 1 and 2/State Shri A.A.Nimbalkar, advocate for respondent no.3 .....

CORAM : A.V.NIRGUDE AND INDIRA K.JAIN, JJ.

February, 2016 DATED : 12th O R D E R :

1] This petition is already withdrawn for petitioner no.1 against whom there is ample material to proceed, however, on perusal of police papers we found that there is hardly any material against petitioner nos. 2 to 7.

2] This is a case of matrimonial discord. Complainant wife made grievance mainly in respect of an incident that took place on

crwp1378.15 25.9.2015. This incident occurred when petitioner nos. 2 to 7 were not present.

3] Subsequent development during investigation in which supplementary statement was recorded appears to us an exaggeration. We are, therefore, inclined to set aside the crime as against petitioner nos. 2 to 7.

4] Petition is partly allowed. The Crime as against petitioner nos. 2 to 7 is set aside. The case shall continue against petitioner no.1.

[INDIRA K.JAIN, J.] [A.V.NIRGUDE, J.] dbm/crwp1378.15