Dismissed

Ramnikbhai Odhavjibhai Aatha v. the State of Maharashtra and Ors.

Bombay HC14 Jan 2008WP/44/2008

Case brief

AI extract

What is this about?

In this criminal writ petition, the petitioner sought a direction to register S. 304-B alongside S. 498-A. The bench declined to examine Section 161 statements to ascertain S. 304-B, leaving it to the investigating agency, and dismissed the petition as misconceived without expressing opinion on facts.

What did the court decide?

Direction to register case under section 304-B was refused; writ petition dismissed as misconceived.

Ramnikbhai Odhavjibhai Aatha Vs the State of Maharashtra… — Domestic Violence | Bombay HC (2008)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 APPELLATE SIDE

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 CRIMINAL WRIT PETITION NO.44 OF 2008

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 Ramnikbhai Odhavjibhai Aatha : Petitioner
 V/s.

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 The State of Maharashtra & Ors. : Respondents

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 (Nos.3 to 8-Orig.Accused)

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 Mr.Surel S. Shah for the petitioner.

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 Mr.A.S.Gadkari, Addl. Public Prosecutor for the State.

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CORAM : BILAL NAZKI & S.A.BOBDE,JJ.

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 DATE : JANUARY 14, 2008.

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P.C.

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 1. Heard the learned counsel for the petitioner and the
 learned Addl. Public Prosecutor for the State.

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 2. An F.I.R. is filed before the police which is pending
 investigation. So far the charge-sheet also has not been
 filed. The petitioner wants this Court to give a
 direction to the respondent no.2 to register a case under
 section 304-B along with 498-A as, according to him, the
 police have already registered a case against the
 respondent nos.3 to 8 under section 498-A. The learned
 Addl. Public Prosecutor states that the case is still

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 -: 2 :-

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 under investigation. We do not think it proper for us to

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 examine on the basis of statements recorded under section
 161 in an offence registered under section 498-A as to
 whether an offence under section 304-B is also made out at
 present stage as primarily it is the job of the
 investigating agency. We hope that the investigating
 agency will look into all matters during investigation.
 The writ petition is misconceived and is dismissed. The
 dismissal of this Writ Petition will not be an expression
 of any opinion on the facts of the matter.

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 (BILAL NAZKI, J.)

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 (S.A. BOBDE, J.)

Ramnikbhai Odhavjibhai Aatha v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ramnikbhai Odhavjibhai Aatha v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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