LAWS(BOM)-2022-5-59

BABASAHEB LAXMAN PATKAL Vs. STATE OF MAHARASHTRA

Decided On May 05, 2022
Babasaheb Laxman Patkal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned Advocate for the applicants.

(2.) Learned APP strongly opposes the application for grant of any interim relief on the ground that the matter is coming for the first time and he is yet to receive the papers. Contents of the First Information Report shows active involvement of the present applicants.

(3.) The applicants are the father-in-law and mother-in-law of the informant. As regards Ss. 498-A, 323, 504, 506 are concerned, the ratio laid down in Arnesh Kumar vs. State of Bihar, 2014 (8) SCC 273 would be applicable. As per the contents of the First Information Report even Sec. 307 of the Indian Penal Code has been invoked. For attracting the said Sec. the facts are stated that the informant had prepared carrot halwa for the husband 's tiffin on 20/2/2022 and she says that some portion of the same was remaining and on the next day the applicant No.2 gave the remaining halwa to the informant at about 1.30 p.m. on 21/2/2022 when she was taking lunch. According to her, after eating halwa she started vomiting and felt giddiness and then became unconscious. According to her, she regained the conscious on 3/3/2022 at about 10.00 a.m. She was told by her father that the present applicants had admitted her to the hospital as some poisonous substance was consumed. The informant intends to tag it with the alleged demand of Rs.4,00,000.00 by the present applicants and her husband, for which she states that she was subjected to cruelty.