Avinash Sidling Kamble and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Avinash Sidling Kamble and Ors. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to the Respondents, returnable on 17th February, 2025; learned A.P.P. waived service for Respondent No.1; leave granted to add the postal address of Respondent No.2/Complainant forthwith; Trial Court requested to adjourn Regular Criminal Case No. 2495 of 2024 until the returnable date.

Issue for consideration

Whether interference with the FIR/proceedings is warranted in view of the absence of any explanation for lodging the FIR almost five years and three months after the last reported incident of purported abuse and assault of 2nd March, 2018 (FIR No. 0261 of 2023 registered 10th August, 2023).

Court's answer

Observation at the notice stage: no explanation has been offered as to why the FIR was lodged almost five years and three months after the last reported incident of purported abuse and assault; the matter was not finally decided and notice was issued.

Key takeaways

Prima facie observation at the notice stage: the FIR and statements of the four neighbours disclose allegations of abusing the Complainant, demanding dowry of Rs.5,00,000/-, and each of the Petitioners being alleged to have abused her, beaten her and driven her out of the house.obiter¶¶16

Detailed headnote1 paragraphs

Bombay High Court, Criminal Writ Petition No. 5705 of 2024 (decided 7th January, 2025; Ravindra V. Ghuge and Rajesh S. Patil, JJ.). Petitioners are arraigned in FIR No. 0261 of 2023, Bundgarden Police Station, District Pune (City), registered on 10th August, 2023, alleging abuse of the Complainant, a dowry demand of Rs.5,00,000/-, beating and driving her out of the house, with statements of four neighbours indicating she confided such ill-treatment and assault. The Court observed that the last reported incident is of 2nd March, 2018 and there is no explanation why the FIR was lodged almost five years and three months later. Charge-sheet has been filed but charges are not yet framed. At the notice stage the Court: (i) permitted addition of the postal address of Respondent No.2/Complainant; (ii) issued notice returnable on 17th February, 2025, the A.P.P. waiving service for Respondent No.1; and (iii) requested the Trial Court to adjourn Regular Criminal Case No. 2495 of 2024 until the returnable date. No final merits decision was rendered.

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KVM

Digitally signed by KANCHAN KANCHAN VINOD VINOD MAYEKARDate: MAYEKAR 2025.01.10 18:08:56 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 5705 OF 2024

Avinash Sidling Kamble & Ors. ….. Petitioners VERSUS State of Maharashtra & Anr. ….. Respondents

Mr. Abhang Surywanshi a/w. Mr. Siddharth Ghodake, Mr. Siddharth Agrawal and Mr.Harichandra Jadhav i/b. Mr. Narayan G. Rokade for the Petitioners.

Mr. R. M. Pethe, A. P. P. for the State.

CORAM : RAVINDRA V. GHUGE AND RAJESH S. PATIL, JJ.

DATE : 7^th January, 2025

P.C. :

Leave to add the postal address of Respondent No.2/

Complainant. Addition to be carried out forthwith.

We have heard the learned Advocate for the Petitioners and

the learned A.P.P. on behalf of the State. With their assistance we have gone through the FIR and the statements of the four neighbours. We do find that there are allegations of abusing the Complainant, demanding

dowry of Rs.5,00,000/- and each of the Petitioners is alleged to have

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abused her, have beaten her and have driven her out of the house. The statements of four neighbourers also indicates that the victim used to confide them about such purported ill-treatment and assault.

However, the learned Advocate for the Petitioners points out that the last reported incident of purported abuse and assault is of 2^nd March, 2018 and the FIR bearing no. 0261 of 2023, has been registered on 10^th August, 2023 with the Bundgarden Police Station, District Pune (City). There is no explanation as to why the FIR has been lodged almost five years and three months.

Issue notice to the Respondents, returnable on 17^th February, 2025. The learned A.P.P. waives service of notice on behalf of Respondent No.1.

We are informed that the charge-sheet has been filed. The charges has not yet been framed. We, therefore, request the Trial Court to adjourn Regular Criminal Case No. 2495 of 2024 until the returnable date in this matter.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)

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