Shankar Sukhdev Londhe v. the State of Maharashtra and Anr.
Case brief
What is this about?
In a criminal writ petition, the High Court dismissed an application seeking direction to register an offence under section 304-B IPC for dowry death. The court directed the Sessions Court to assess material for framing such a charge and order further investigation under CrPC provisions if necessary.
What did the court decide?
Sessions Court to consider framing charge under section 304-B IPC and direct further investigation under section 173(8) CrPC if necessary.
What the court decided
S
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.193 OF 2010
Shankar Sukhdev Londhe .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents.
Mr.V.V.Purwant for the petitioner. Mrs.A.S.Pai A.P.P. for the State.
CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 5TH APRIL, 2010.
P.C.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
- 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:
Issues for consideration
2 issues framed by the court
Whether the police should have registered an offence under section 304-B of IPC in addition to sections 498-A and 306 of IPC given offences occurred within two months of marriage.
Whether the Sessions Court should be directed to consider framing a charge under section 304-B of IPC and issue direction for further investigation under section 173(8) CrPC if charge is framed.
Parties & counsel
- petitioner
Shankar Sukhdev Londhe
- respondent
State of Maharashtra
Coram
D.B.BHOSALE
Case details
As recorded by the court registry
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