Khan Javed Shakil Ahmad v. The State Of Maharashtra Through Its Pso Ps Pimpalgaon Dist Buldhana And Another

Order 0209apl1232.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APL] NO.

1232/2024.

Khan Javed Shaikh Ahmad -VERSUSThe State of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri T.S. Deshpande, Advocate for the Applicant. Shri Badar, A.P.P. for the Non-applicant No.1. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : SEPTEMBER 02 , 2024.

Heard.

2.

This is an application seeking to quash the first information report bearing Crime No.196/2024 registered with Pimpalgaon Police Station, District Buldhana for the offence punishable under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Sections 115[2], 333 and 351[2] of the Bhartiya Nyay Sanhita, 2023 (BNS).

Rgd.

Order 0209apl1232.24 3.

The informant alleges that husband has wrongfully entered into her house, gave abuse, uttered triple taluq and therefore, the report. The learned Counsel for the applicant would submit that already there is a matrimonial discord, for which the wife had lodged report under Section 498-A of the Indian Penal Code. Particularly, it is emphasized that at the relevant time the husband was at Mumbai i.e. at his work place, for which he has produced certain documents. According to the applicant, in order to pressurize the husband, false report is lodged.

4.

Issue notice to non-applicants, returnable on 14.10.2024. Learned A.P.P. waives notice for non-applicant no.1.

5.

In the meantime, though the prosecution may proceed with their investigation, but, charge sheet shall not be filed without obtaining prior permission of this Court.

JUDGE JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 03/09/2024 15:08:26 Rgd.