High Court at Bombay Bench at Aurangabad quashed and set aside the criminal proceedings (R.C.C. No.67/2011) against applicants based on absence of facts. The State was allowed to file fresh case if material emerges.
Quashed and set aside prosecution R.C.C. No.67/2011 pending before Judicial Magistrate, First Class, Wadwani.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri.Appln.No.1431/2013
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1431 OF 2013
Ram s/o Dagadu Gaikwad & ors. ... APPLICANTS VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
Shri S.S. Thombre, Advocate for applicants Mrs. R.K. Ladda, A.P.P. for State
CORAM: K.U. CHANDIWAL & A.I.S. CHEEMA, JJ. DATED: 21st September, 2013.
PER COURT :
Cri.Appln.No.1431/2013
2
parental house and abused her for compliance of demand of Rs.1 Lakh. The applicants, from the available record, are residents of Beed. Husband of respondent No.2 namely Rahul is nephew of applicant No.1. Papers indicate, applicant No.1 resides separately from Rahul. In the situation, the prosecution against the applicants arising out of R.C.C. No.67/2011, pending on the file of Judicial Magistrate, First Class, Wadwani, District Beed is quashed and set aside. However, if during trial learned Judge finds actionable material against the applicants, remedy under Section 319 of the Criminal Procedure Code remains unfettered. Criminal Application allowed to the extent as above.
fmp/cri1431.13
Ram s/o Dagadu Gaikwad & ors.
The State of Maharashtra
K.U. CHANDIWAL
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
