ALTAF MIRASO SHIAKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 68 of 2021 registered with Shahapur Police Station, District-Kolhapur for the offences punishable under Sections 302, 364, 504 r/w 34 of the Indian Penal Code.

(2.) It is the case of prosecution that on 15/03/2021 the complainant was informed by her sister-in-law Mrs. Shabana and mother-in-law that someone had apprehended her husband, namely, Alim Gadwal ( 'deceased ' for short) on the accusation that he had stolen bicycles. Informant then with the help of Shabana 's mobile called on the number from where Shabana had received a call and spoke with the person. The person revealed his name as Altaf Shaikh (Applicant) and further said that her husband i.e. deceased had stolen two cycles and if he doesn 't get moneys equivalent to the price of bicycles, he would beat her husband. As the informant could not arrange the moneys, she could not pay the amount.

(3.) The prosecution next contends that on 16/03/2021 at about 9-00 a.m. informant 's brother-in-law informed informant that deceased is lying dead opposite to industries near a dhaba in the open land. When the informant reached there, she found the deceased lying there. Accordingly, FIR came to be lodged.