Dismissed

Dajirao S/O Goroba Kamble and Ors. v. the State of Maharashtra and Anr.

Bombay HC5 Aug 2015WP/340/2015

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioners challenged the maintenance of an FIR alleging offences under Sections 498-A, 504, and 506 IPC. The High Court rejected the plea, noting that investigations were proceeding and a charge-sheet had been filed, requiring allegations to be tested during trial.

What did the court decide?

Petition rejected; no quashing of the FIR or discharge granted.

Dajirao S/O Goroba Kamble and Ors. Vs the State of… — Domestic Violence | Bombay HC (2015)

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cwp340.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.340 OF 2015

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1) Dajirao s/o Goroba Kamble, Age-47 years, Occu:Service, R/o-Sainikpuri, Kapil Nagar, Latur, Tq. & Dist-Latur,

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2) Rajendra s/o Goroba Kamble, Age-57 years, Occu:Service, R/o-House No.A-1, Balaji Bhavan, Pipe Line Kajupada, Kurla(W), Mumbai-72,

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3) Keshav s/o Dashrath Gaikwad, Age-50 years, Occu:Service, R/o-Prakash Nagar, Latur, Tq. & Dist-Latur,

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4) Baburao s/o Damodhar Maske, Age-48 years, Occu:Service, R/o-In Front of Ganpati Netralaya Hospital, Jalna, Tq. & Dist-Jalna,

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5) Kusum w/o Baburao Maske, Age-44 years, Occu:Household, R/o-In Front of Ganpati Netralaya Hospital, Jalna,

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Tq. & Dist-Jalna.

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...PETITIONERS

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 VERSUS

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cwp340.15

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1) The State of Maharashtra,

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2) Bhagyashri w/o Anil Waghmare, Age-29 years, Occu:Household, R/o-C/o-Maruti Ramrao Suryawanshi, Vikas Nagar, Near Bharti Classes, Barshi Road, Latur,

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 Tq. & Dist-Latur.

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...RESPONDENTS

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...

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 Mr.T.M.Venjane Advocate for Petitioners.
 Mr.K.S. Patil, A.P.P. for Respondent No.1.
 Mr.R.D. Biradar Advocate for Respondent No.2.

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...

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CORAM: S.S. SHINDE AND

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 A.I.S. CHEEMA, JJ.

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 DATE : 5TH AUGUST, 2015

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ORDER :

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1. Heard the counsel appearing for the

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Petitioners. He invited our attention to the

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allegations in the FIR qua the present
Petitioners. He submits that there are no

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allegations against present Petitioners which

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would attract the provisions of Section 498-A, 504

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and 506 of the Indian Penal Code. He submits that

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when the offence is not disclosed, the FIR

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deserves to be quashed qua the present

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cwp340.15

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Petitioners. The present Petitioners are residing
at the different places than the place where the
couple resided at last.

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2.The counsel appearing for Respondent No.2
invited our attention to the allegations in the
FIR. He submits that offence is investigated and
the charge-sheet is filed by the Investigating
Officer. There are specific allegations against

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the Petitioners and those are to be tested during
the trial.

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3.The learned A.P.P. adopted the argument
advanced by the counsel for Respondent No.2.

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4.We have considered the submissions
advanced by the counsel for the Petitioners.

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Perused the allegations in the FIR. Not only role

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of the present Petitioners is stated, but so far

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as the demand of Rupees Ten Lakh is concerned,
there are allegations in the FIR. Since the

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cwp340.15
4

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investigation is proceeded further and charge-
sheet is filed, those allegations need to be
tested during the trial. There is challenge only
to the FIR in this Petition.

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5.In that view of the matter, Writ Petition

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stands rejected.

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[A.I.S.CHEEMA,J.] [S.S. SHINDE, J.]
asb/AUG15

Dajirao S/O Goroba Kamble and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Dajirao S/O Goroba Kamble and Ors. 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

Case details

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