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Shivkumar @ Gunvant S/O. Bhimrao … vs The State Of Maharashtra Thr. … on 13 February, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR

Criminal Application (APL) No. 894 of 2018

Applicant : Shivkumar alias Gunvant son of Bhimrao Sirsat,

aged about 30 years, Occ: service, resident of

Police Headquarter, Gadchiroli

versus

Respondents : 1) State of Maharashtra, through Police Inspector,

Akot Police Station, Akot, Dist. Akola

2) Mrs Karishma Wakode w/o Pawan Anil Wakode,

aged about 24 years, Occ: Household, resident of

c/o H. M. Rameshrao Gopalrao Nitawane, village

Shiwar, Tahsil Daryapur, District Amravati

Shri A. M. Gedam, Advocate for applicant

Shri Amit Balpande, APP for respondent no. 1

Respondent no. 2 served

Coram : Sunil B. Shukre S. M. Modak, JJ

Dated : 13th February 2019

Oral Judgment (Per Sunil B. Shukre, J)

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1. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for respondent no. 1. None appears for

respondent no. 2 though served. Rule. Heard forthwith by consent of

parties present before the Court.

2. On going through the First Information Report, what we find

is that there are no direct allegations of causing cruelty as contemplated

under Section 498A of the Indian Penal Code as against this applicant

though the allegations relate to the offence punishable under Section

354A of the Indian Penal Code. It is specifically alleged in the complaint

that the present applicant who is cousin brother of the complainant’s

husband used to send messages to the complainant on her mobile phone

in the midnight and used to give her calls also. We are, thus, inclined to

partly allow this application.

3. Criminal Application is partly allowed. Offence punishable

under Section 498A of the Indian Penal Code registered against this

applicant vide First Information Report No. 264/2018 with Akot Police

Station only is hereby quashed. Needless to say, the investigation as

against this applicant for the offence punishable under Section 354A of

the Indian Penal Code may go on in accordance with law.

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4. Rule is made absolute accordingly.

S. M. MODAK, J SUNIL B. SHUKRE, J

joshi

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