Mayuri Mahesh Kushte v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.134/2024 MAYURI MAHESH KUSHTE ..APPELLANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Balwant Salunkhe i/b. Adv. D. N. Gondhali for the appellant.

Mr. S. H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 12, 2024.

P.C. :

1.

Heard learned counsel for the appellant.

2.

The First Information Report (FIR) is dated 21/12/2023 for the offence punishable under Sections 323, 504 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) read with Sections 3(1)(r), 3 (1)(s), 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter 'the Atrocities Act' for short) registered vide C.R.No.311/2023 with Kalamboli Police Station, Navi Mumbai.

1/3

3.

The date of the incident is 7/11/2023. The appellant as well as the accused are residing in the same building. The appellant's husband is owner of the building. The building is being developed. Prima facie, even from the FIR it reveals that there are some disputes between the appellant's family and the complainant regarding redevelopment of the building.

4.

Learned counsel for the appellant submits that the possibility of the false implication and the allegations being exaggerated cannot be ruled out.

5.

There is a delay in registering the FIR. Hence issue notice to the respondent no.2, returnable on 6/3/2024. Learned APP waives service of notice on behalf of the State. The Investigating Officer to inform the respondent no. 2 the next date of hearing and that she has a right to be represented by an advocate or through legal aid. 6.

The appellant needs to be protected by an interim order.

7.

In the event of the arrest, the appellant shall be released on bail on his furnishing P.R. Bond of Rs.10,000/- with one or more sureties in the like amount. 2/3

8.

The appellant to co-operate with the investigation. 9.

Stand over to 6/3/2024.

(M. S. KARNIK, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 12/02/2024 14:25:00