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Birudev S/O. Dagadu Kale And … vs The State Of Maharashtra And Anr on 3 September, 2018

(Order) (1) Cri. Appln. No. 01648 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 01648 of 2018

District : Latur

1. Birudev s/o. Dagadu Kale,
Aged : 40 years,
Occupation : Service as
Assistant Teacher at
Zilla Parishad Primary
School, Yevati,
Taluka Dist. Osmanabad,
R/o. Chorakhali,
Taluka Kallam,
Dist. Osmanabad, now at
Yevati,
Taluka Dist. Osmanabad.

2. Sow. Rukminbai w/o. Dagadu Kale,
Aged : 75 years,
Occupation : Household,
R/o. Chorakhali,
Taluka Kallam,
Dist. Osmanabad.

3. Dagadu s/o. Dadarao Kale,
Aged : 80 years,
Occupation : Agriculture,
R/o. Chorakhali,
Taluka Kallam,
Dist. Osmanabad.

4. Smt. Sitabai w/o. Machindra
Kakade,
Aged : 55 years,
Occupation : Household,
R/o. Sapnai,
Taluka Kallam,
Dist. Osmanabad.

5. Sow. Chaya w/o. Sarjerao
Kaspate,
Aged : 52 years,

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(Order) (2) Cri. Appln. No. 01648 of 2018

Occupation : Household,
R/o. Mangrul, .. Petitioners
Taluka Kallam, (Original
Dist. Osmanabad. accused)

versus

1. The State of Maharashtra,
Through the Police Station
Officer,
Police Station, Renapur,
District Latur.

2. Sow. Sangita w/o. Birudev
Kale,
Aged : 35 years, .. Respondents
Occupation : Household, (No.02 –
R/o. Darji Borgaon, Original
Taluka Renapur, complainant)
Dist. Latur.

………..

Mr. S.S. Choudhary, Advocate, for the applicants.

Mrs. P.V. Diggikar, Additional Public Prosecutor,
for respondent no.01.

Mr. G.J. Kore, Advocate, for respondent no.02.

………..

CORAM : T.V. NALAWADE
SMT. VIBHA KANKANWADI,JJ.

DATE : 03RD SEPTEMBER 2018

ORAL ORDER :

01. By the present application, the applicants –
original accused are praying for quashing the F.I.R.
bearing No. 79/2013, lodged by respondent no.02, at
Police Station, Renapur, District Latur, on
06.07.2013, for offences punishable under Sections

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(Order) (3) Cri. Appln. No. 01648 of 2018

498A, 323, 504, read with Section 34 of the Indian
Penal Code; charge-sheet filed in pursuance thereto,
as well as Regular Criminal Case No. 99 of 2013
pending in the Court of Judicial Magistrate (F.C.),
Renapur, District Latur.

02. Mr. S.S. Choudhary, learned Advocate
appearing for the applicants has raised various
grounds including the ground of legal jurisdiction.
He further submitted that more than 64 adjournments
were sought on complainant’s side and intention
behind it is only to harass the applicants. He
submitted that the applicants are old persons and on
merits also they have good case.

03. On the other hand, learned Advocate
appearing for respondent no.02 submitted that already
four witnesses are examined in the case, including
the first informant.

04. As the case is of 2013 and evidence is
already recorded, it would be appropriate that the
learned Magistrate shall decide the case within a
stipulated period. It is always open to the trial
court to close the case if no interest to adduce
evidence by the prosecution is shown.

05. Hence, the following order :-

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(Order) (4) Cri. Appln. No. 01648 of 2018

(a) Learned Judicial Magistrate (First Class),
Renapur, District Latur, shall decide Regular
Criminal Case No. 99 of 2013, between the parties, as
expeditiously as possible and preferably within a
period of one month from today.

(b) The learned Magistrate shall not grant
adjournments to either side unless it is inevitable.

(c) With the above directions, the criminal
application is disposed of.

06. Parties to act on an authenticated copy of
this order.

( Smt. Vibha Kankanwadi ) ( T.V. Nalawade )
JUDGE JUDGE

………..

puranik / CRIAPPLN1648.18

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