Shankar S/O. Lalji Ade v. The State Of Maharashtra

20 appln.6175.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 6175 OF 2015 SHANKAR S/ O. LALJI ADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. H. V. Patil, h/f Mr. Shashikant S. Londhe. APP for Respondent No.1 : Mrs. R. K. Ladda.

Advocate for Respondent No.2 : Mr. M. P. Tripathi. ...

CORAM :

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

DATE :

28th March, 2016.

P.C.:

.

There is strong prima-facie case against the Applicant and therefore, there is no need to interfere at this stage in the investigation and prosecution. The learned counsel for the Petitioner argued that the complaint is a counterblast to his client's earlier complaint against the Complainant. There are circumstances, which indicate that both these parties are at loggerheads. There is political rivalry also. In such situation, Applicant / Accused could have had grudge against the Respondent / Complainant and would try to humiliate her on the basis of her caste.

20 appln.6175.15.odt At this stage, we cannot hold even after perusal of all the documents that are filed on record that this is a mala-fide complaint. The ratio of judgment of Anjani Kumar Vs. State of Bihar and another, reported in, [2008(3) Mh.L.J. (Cri.) 508] is not applicant to the facts of this case.

Criminal application stands dismissed.

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