LAWS(BOM)-2022-2-254

RUPESH Vs. SHAIKH SADIK SHAIKH RAFIQUE

Decided On February 26, 2022
RUPESH Appellant
V/S
Shaikh Sadik Shaikh Rafique Respondents

JUDGEMENT

(1.) Heard learned counsel Ms S.S.Dhone for applicants, learned counsel Shri A.V.Muley for non-applicant No.2, and learned Additional Public Prosecutor Shri S.S.Doifode for non-applicant No.1/State. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for respective parties.

(2.) By filing this proceeding under Sec. 482 of the Code of Criminal Procedure, applicants are challenging final report together with Summary Criminal Case No.6/2019 pending on the file of learned Judicial Magistrate First Class, Tumsar, district Bhandara for offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code.

(3.) Non-applicant No.2/Neha is wife of applicant No.1/Rupesh. On 2/6/2018, she lodged First Information Report against all applicants resulting into registration of crime i.e. Crime No.279/2018 with Tumsar Police Station, district Bhandara. Investigating Officer continued with investigation and filed final report vide final report No.6/2019 in the Court of learned Magistrate, Tumsar for offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code resulting into registration of Criminal Case No.6/2019 in the Court of said learned Magistrate.