Suhas S/O Utreshwar Sarwade And ANR v. The State Of Maharashtra And ANR

6086.16appln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 6086 OF 2016 SUHAS S/O UTRESHWAR SARWADE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for applicants : Mr. R.P. Bhumkar APP for Respondent/State:Mr.S.G. Karlekar ...

CORAM: S.S.SHINDE & K.K.SONAWANE, JJ.

Dated: November 28, 2016 ...

Heard the learned counsel appearing for the applicants and the learned A.P.P.

appearing for the Respondent/State.

2.

The learned counsel appearing for the applicants submits that the applicants are residing at Paranda. The applicant no.1 is Headmaster and serving in the school. The applicants had no occasion to visit the matrimonial place and ask the informant for money or to ill-treat her.

It is submitted that there are general allegations in the First Information

6086.16appln Report, and therefore, the F.I.R. may be quashed.

3.

Upon careful perusal of the allegations in the F.I.R., not only that the applicants are named in the F.I.R.

but overt acts are attributed to the applicants along with other accused.

There is demand of amount of Rs.4 Lakhs for the purpose of construction of house and room in the school. Therefore, at this stage, when the F.I.R. is under investigation and the allegations in the F.I.R. disclose prima facie commission of offence by the applicants, no prayer for quashing the F.I.R. can be considered.

Hence the application stands rejected. We make it clear that, the observations made hereinbefore are only for the purpose of deciding the present application for quashing the F.I.R.

(K.K.SONAWANE, J) (S.S. SHINDE, J) sga/