Disposed

Shankar Sukhdev Londhe v. the State of Maharashtra and Anr.

Bombay HC5 Apr 2010WP/193/2010

Case brief

AI extract

What is this about?

Single Bench disposed of a writ petition seeking registration of an offence under section 304-B IPC. The Court directed the Sessions Court to consider framing a charge under 304-B IPC and, if framed, to direct further investigation under section 173(8) CrPC.

What did the court decide?

Sessions Court to consider framing charge under Section 304-B IPC and issue direction for further investigation under Section 173(8) CrPC if necessary.

Shankar Sukhdev Londhe Vs the State of Maharashtra and Anr. — Dowry and Cruelty | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.193 OF 2010

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Shankar Sukhdev Londhe .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents.

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Mr.V.V.Purwant for the petitioner. Mrs.A.S.Pai A.P.P. for the State.

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CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 5TH APRIL, 2010.

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P.C.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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By this writ petition, the petitioner is seeking direction to respondent no.2 to forthwith register an offence under section 304-B of I.P.C. against respondent nos.4 to 6 in addition to the offence under sections 498-A and 306 of I.P.C. Mr.Purwant, learned counsel for the petitioner submits that the offence in the present case occurred within less than two months from the date of marriage and in view of the allegation made in the FIR that the deceased was subjected to cruelty with a view to coercing her to meet unlawful demand of dowry, the police ought to have applied section 304-B of IPC. Learned A.P.P., on instructions, submits that the police have already filed a charge-sheet. In view thereof, though prima facie we find substance in the submissions advanced by Mr.Purwant, learned counsel for the petitioner, we are satisfied that this petition can be conveniently disposed of by the following order:

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The Sessions Court while framing the charge will consider whether there is sufficient material on record to frame the charge against accused persons under section 304-B of IPC. If the charge under this provision is framed, the Sessions Court may issue direction for further investigation under section 173(8) of the Code of Criminal Procedure, if he finds it necessary.

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While passing this order we shall not be understood to have examined merits of the case and the learned Sessions Judge shall pass appropriate orders on merits in accordance with law.

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With these observations the writ petition is disposed of.

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(A.R.JOSHI,J.)

Shankar Sukhdev Londhe v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shankar Sukhdev Londhe v. the State of Maharashtra and Anr.

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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