Bombay High CourtWP/4473/2024allowed

Vikas Dattatray Bansode v. State Of Maharashtra And ANR

2024-12-13Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

38-WP-4473-2024.doc Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4473 OF 2024 Vikas Dattatray Bansode .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Vijay Killedar, for the Petitioner.

Mr. Vinod Chate APP, for Respondent No.1-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 13th DECEMBER 2024.

P.C.:- 1) The Petition is for quashing of the Regular Criminal Case No.638 of 2024 pending before the Judicial Magistrate First Class qua the Petitioner. It arises out of C.R.No. 78 of 2024 registered with Faujdari Chawdi Police Station, Solapur city for the offences punishable under Sections 498-A, 354, 504 read with 34 of the Indian Penal Code, 1860 ('IPC').

2) Heard Mr. Vijay Killedar, learned counsel for the Petitioner and Mr. Vinod Chate, learned APP, for the Respondent No.1-State. 3) FIR is lodged by the Respondent No.2 ('Informant') against her husband, Suhel and all his family members. The Petitioner is younger brother of Suhel. The learned counsel for the Petitioner 1/2

38-WP-4473-2024.doc invited our attention to the FIR wherein various allegations regarding ill-treatment and demand of money are made by the Respondent No.2. Learned counsel submitted that the major allegations are against the other family members and in particular, against the elder brother of Suhel, Vishal. There is only general and vague allegation against the Petitioner. The charge-sheet contains the statements of her family members but none of them has attributed any specific role to the Petitioner.

4) Considering the submissions, it is necessary to hear Respondent No.2. Learned counsel for the Petitioner has made out a case for granting ad-interim relief. Hence, the following order:

ORDER

(i) Issue notice to the Respondent No.2 returnable on 31st January 2025. Humdust allowed.

(ii) Till the next date before this Court, the trial Court shall not proceed against the Petitioner. It is clarified that this adinterim protection is only in respect of present Petitioner and not in respect of other Accused.

5) Stand over to 31st January 2025.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.12.17 11:15:03 +0530 2/2 SHAMBHAVI NILESH SHIVGAN