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Bombay High CourtABA/540/2025allowed

Minakshi W/O Pravin Khapre v. The State Of Maharashtra, Thr. Pso, Wadi, Dist. Nagpur

2025-08-07Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:8201

(1) 909.aba.540.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.540 OF 2025 Minakshi w/o Pravin Khapre Vs.

State of Maharashtra, through Police Station Officer, Wadi, District Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. A. Jain, Counsel for the applicant.

Mr. Nitin Rode, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/08/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.174/2025 registered with Police Station, Wadi, District Nagpur for the offence punishable under Sections 406, 420, 465 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail. 2.

Heard learned Counsel for the applicant, who submitted that the complainant Damandeep Singh Nanda lodged a police report at Police Station Wadi alleging the financial fraud and misappropriation by Pravin Khapre who is the husband of the present applicant. He submitted that the complainant is engaged the service of the husband of the applicant in the year 2017 for GST filing, Income Tax filing and accounting work. The Pravin Khapre and the applicant have purchased various electronic

(2) 909.aba.540.2025 items/appliances worth of Rs.3,08,530/-, out of which, Rs.1,03,000/- has been paid and the amount of Rs.2,05,530/- is outstanding. The complainant further alleged that from May 2024 the applicant stopped coming to the work and was not providing the user name and password of audit data and GST to the complainant. On the basis of the said allegation, the crime was registered. He submitted that as far as the present applicant is concerned, who is the wife of the co-accused, no specific allegations are levelled against her, therefore, her custodial interrogation is not required.

3.

Learned APP strongly opposed the said application and submitted that considering the allegations, the custodial interrogation is required. In view of that, prayer for rejection of the application. 4.

On hearing both sides and on perusal of the recitals of the FIR, it reveals that the entire allegations are levelled against the husband of the present applicant. As far as the present applicant is concerned, no specific role is attributed to her. There is no single allegation levelled against her as far as the fraud is concerned. Therefore the interim protection granted to the present applicant deserves to be confirmed. Accordingly, I proceed to pass following order:

(3) 909.aba.540.2025

ORDER

(i) The application is allowed.

(ii) The interim protection granted to the present applicant by order dated 22.07.2025 is hereby confirmed on the condition that the applicant shall attend the concerned Police Station as and when required for the investigation purpose on issuance of the notice of three days in advance.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate