Dwarkabai W/O Shivaji Thoke And Another v. State Of Mah. Thr. Pso Ansingh Tah. And Dist.Washim
aba800.20.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.800 OF 2020 (Dwarkabai w/o Shivaji Thoke and another Vs. State of Maharashtra thr. PSO PS Ansingh, Tah. & Dist. Amravati) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Mr. A.S. Pande, Advocate for Applicants.
Mrs. K.R. Deshpande, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.
DATE: 9 th JANUARY, 2021.
The applicants are apprehending arrest in Crime 292/2020 registered with Police Station Ansingh, Washim for offences punishable under sections 498-A, 306, 304-B, 34 of the Indian Penal Code read with section 3 and 4 of Dowry Prohibition Act.
2.
The deceased Mrs. 'R' was the wife of co-accused Biruji. She allegedly committed suicide on 16.10.2020. Her father lodged report alleging that the deceased was ill-treated since some dowry amount was not paid and her matrimonial family were not happy due to the birth of female child.
3.
Applicant 1 is the mother-in-law and applicant 2 the brother-in-law of the deceased. Biruji was arrested. The Investigating Officer did not seek custody. Obviously, the Investigating Officer did not consider it
aba800.20.O.odt necessary to custodial interrogate Biruji. Two co-accused, who are the sisters-in-law of the deceased are protected by this Court. This Court observed that the perusal of the material shows that it is difficult to hold that the allegations make out a case of abetment.
4.
In any event custodial interrogation is not necessary. The pre-arrest protection granted vide order dated 28.12.2020 is made absolute.
JUDGE NSN