LAWS(BOM)-2022-11-29

UTSAV SHIVKARAN HELAMBKAR Vs. STATE OF MAHARASHTRA

Decided On November 10, 2022
Utsav Shivkaran Helambkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard by consent of the parties, the matter is taken for final disposal at the admission stage. Both the Revisions are against the same order and hence are heard and decided together.

(2.) The facts of the case in short are as below;

(3.) On the basis of FIR, police carried the investigation. After completion of investigation, charge-sheet came to be filed on 12/8/2016. Police seized two suicide notes which were found in the house. Respondent No.2 (Rekha) preferred an application for discharge in Sessions Case No. 243/2016. Learned Additional Sessions Judge, Aurangabad by order dtd. 5/4/2019 allowed the application for discharge of Respondent No.2. By the said order, in short, it is held that the suicide note do not disclose any specific instances of cruelty at the hands of present Respondent No.2 and that it is not found that the husband of deceased acted at the instance of Respondent no.2. Respondent No.2 was residing with her matrimonial house and occasionally used to visit the house of deceased. This order is assailed in these Criminal Revision Applications, one by the Informant and other by the State.