Rajesh S/O Mahadevrao Dharmare v. State Of Maharashtr,A Thr. P.S.O. Bhandara, Bhandara

2107aba421.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) 421 OF 2016 (Rajesh Mahadevrao Dharmare Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. S. Giripunje, Advocate for the applicant. Shri S. S. Doifode, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 21 JULY, 2016 Heard learned Counsel for the applicant and learned A.P.P. for the State. Reply filed by the State is taken on record. On going through the allegations made by the complainant in her complaint, I find that this is a case wherein custodial interrogation of the applicant would be required. It has been alleged that about 5-6 persons illegally entered in the house of the complainant and with a view to kill her or cause serious injury to her, tied her hands and legs and also affixed adhesive tape all over her face. For some or the other reason, these persons had to make sudden exit from the house, but the fact that complainant's movements were completely restricted and even her voice was silenced, would indicate the dangerous intentions of these persons.

A mobile phone belonging to this applicant was found to be lying in the house of the complainant. Therefore, the presence of this applicant in the house of the complainant at the relevant time is prima facie seen. All these facts together would show that detailed investigation is necessary and for that purpose custodial interrogation of the applicant would be required. Therefore, I am not inclined to grant this application.

The application stands rejected.

JUDGE wwl

2107aba421.16.odt CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 22/7/2016