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Bombay High CourtABA/636/2020dismissed

Nilesh S/O Pandhari Tekade v. State Of Mah. Thr. Pso Ambazari Nagpur

2020-10-29Hon'Ble Shri Justice Rohit Baban Deo2 pages

aba636.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.636 OF 2020 (Nilesh s/o Pandhari Tekade Vs. State of Maharashtra thr. PSO PS Ambazari, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. N.S. Giripunje, Advocate for Applicant.

Mr. C.A. Lokhande, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 29 th OCTOBER, 2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2] Heard.

3] The applicant is apprehending arrest in Crime 360/2020 registered with Police Station Ambazari, Nagpur for offence punishable under section 498-A, 420, 467, 468 and 471 of the Indian Penal Code. The learned counsel for the applicant submits that the complainant is his estranged wife, and the allegations stem from marital discord. 4] Perusal of the material placed along with the application, and the facts culled out in the order of rejection of pre-arrest protection by the learned Sessions Judge would reveal that the allegations are not restricted to

aba636.20.O.odt making unlawful monetary demand. The allegations are extremely grave. It is alleged that the applicant forged the signature not only of the complainant, but her mother too on cheques. Considering the nature of the allegations, if pre-arrest protection is granted, it would be next to impossible for the investigating agency to make an effective investigation. No case is made out for exercise of discretion, the application is dismissed.

JUDGE NSN