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Bombay High CourtAPPLN/3187/2024disposed off

Karan Vijaykumar Toshniwal And Other v. The State Of Maharashtra And Another

2024-08-19Hon'Ble Shri Justice Neeraj P. Dhote1 pages

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 33 CRIMINAL APPLICATION NO. 3187 OF 2024 KARAN VIJAYKUMAR TOSHNIWAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Zainab Yahya Wagh (Surti) APP for Respondent no.1 : Dr.K.B.Bharaswadkar ....

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

Dated : August 19, 2024 PER COURT :- 1.

Heard learned Advocate appearing for the applicants. 2.

Taking into consideration the fact that applicant nos.1 to 3 are residing together and there are allegations in the FIR against applicant nos.1 to 3, we are not inclined to grant any relief to applicant nos.1 to 3 and therefore, application stands dismissed as against them. 3.

As regards applicant nos.4 and 5 are concerned, though the contents of the FIR states that applicant no.4, who is married sister-in-law, has stated something to respondent no.2, it appears that she was residing with her husband applicant no.5 at Amravati and they are practicing Doctors and therefore, we are inclined to consider the present application for applicant nos.4 and 5 only. Issue notice to respondents. Learned APP waives service of notice for respondent no.1. Notice of respondent no.2 is made returnable on 09-10-2024.

( ABHAY S. WAGHWASE, J. ) ( SMT. VIBHA KANKANWADI, J. ) SPT