Ankush Nilkanthrao Bambal v. State Of Mah. Thr P.So.P.S Rajapth, Amravati

1 apl408.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.408/2019 Ankush Nilkanthrao Bambal and others ..V/s..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.A. Kothale, Advocate for the applicants. Shri P.R. Agrawal, Advocate for respondent No.4. Shri T.A. Mirza, A.P.P. for respondent Nos.1 to 3. CORAM : Z.A. HAQ AND M.G. GIRATKAR, JJ.

DATE : 6.11.2019.

1] Heard.

2] The application is for the following reliefs: "[i] Quash and set aside the FIR No.63 dated 26.01.2016 registered by respondent No.1, Police Station Officer, Rajapeth Amravati police station against petitioners dragging them under Section 498-A, 34 of I.P.C. and Section 4 of Anti Dowry Act vide [Annexure-IV] and F.I.R.

No.98 of dated 08.02.2019 registered by respondent No.1 vide Annexure-VI implicating petitioner under section 294, 323, 34, 504, 506 of IPC and Crime No.394/2019 registered against petitioner No.1 and his friend under section 294, 523, 506-B of IPC vide [Annexure-VIII];

[ii] Order respondent No.1 to register FIR referred in complaint dated 28.08.2015 vide Annexure-III and further complaint dated 29.01.2019 @ dt.7.2.2019 vide Annexure-V and respondent No.2 be ordered to register FIR as complaint dated 01.04.2019 Annexure-VII, immediately;

[iii] Restrain permanently

2 apl408.19 respondent No.1, 2 and 3 from taking any cognizance of any false report lodged by respondent No.4 regarding matrimonial relations against petitioners;

[iv] Grant stay to the proceeding in terms of registration of FIR referred in prayer clause [i], pending disposal of the application;

[v] Grant any other relief that deem suitable in the circumstances of the case, in the interest of justice."

3] Shri Kothale, learned Advocate submits that in FIR No.63/2016 charge-sheet is filed and he has filed application for discharge. In Crime Nos.98/2019 and 394/2019 charge-sheets are yet to be filed.

4] Shri Mirza, learned A.P.P. and Shri Agrawal, learned Advocate have pointed out the order dated 22nd April, 2019. By this order, it is directed that charge-sheet should not be filed in the matter without seeking leave of this Court. Learned Advocate Shri Agrawal has submitted that in the year 2016 charge-sheet is filed in crime No.63/2016. The applicant has already filed application for discharge in that crime. The applicant is at liberty to file discharge application after filing charge-sheet, if any, in other crimes also. In respect of prayer clause [ii] applicant is at liberty to file private complaint.

Relief cannot be granted in respect of prayer clause [iii] because this Court cannot permanently restrain the respondent Nos.1, 2 and 3 from taking cognizance. The application is dismissed.

JUDGE JUDGE Tambaskar.