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Bombay High CourtAPL/1124/2024allowed

Nilesh Amol Bharadwaj v. The State Of Maharashtra Police Officer Police Station Khamgaon City

2024-08-20Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

918-apl-1124-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.

OF 20 Nilesh Amol Bharadwaj and ors. -Vs-State of Maharashtra and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------ -------------------------------------------------------------------------------------------------------- Mr. A.P. Thakare, Adv. for the applicants.

Mr.A.A.Madiwale, A.P.P for non-applicant -State. CORAM VINAY JOSHI & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 20th AUGUST, 2024.

1.

Leave is granted to correct the First Information Report number in the criminal application. 2.

Heard.

3.

This is an application seeking to quash the First Information Report No.563 of 2023 for the offence punishable under Sections 498(A), 323,504 and 506 r/w 34 of the Indian Penal Code and under Section 3 and 4 of Dowry Prohibition Act, 1961.

4.

The allegations made against these applicants are that the applicant No.1, who is the husband was not doing any job and was totally dependent on his father and he was alcoholic and used to smoke. He used to beat her and the applicant Nos.2 to 4, who are in-laws of the non-applicant No.2 used to harass her and instigate her husband to harass her. The learned counsel for the Kavita

918-apl-1124-24.odt 2/2 applicants has stated that she has made contradictory statements in the First Information Report. Omnibus allegations are made against all the applicants. There is no specific allegation against any of the applicant. 5.

Issue notice to the non-applicants, returnable in six weeks.

6.

Learned APP waives service of notice for nonapplicant No.1. 7.

In the meanwhile, investigation may go on, but charge-sheet shall not be filed without leave of this Court against applicant Nos. 2 to 4.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 21/08/2024 18:22:05 Kavita