JITENDRA DIPAK SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this petition is at the instance of original accused nos. 4 and 5 to the registration of First Information Report bearing no. 415/2023 dtd. 19/12/2023, registered with West Devpur, Police Station, District Dhule, for commission of offences punishable under Ss. 498 - A, 323, 504, 506 read with 34 of the Indian Penal Code. Applicant no. 1 is brother-in-law of the informant whereas, applicant no. 2 is wife of applicant no. 2. In all five accused were named in the FIR.

(2.) Learned counsel for the applicants contended that even if the contents of FIR and final report are taken to be true, no man of ordinary prudence would arrive at the conclusion that applicants have committed any offence. He submitted that statements are of general nature and would not be enough to attract the ingredients of offence registered. He also invited my attention to page 104 of the record and, more particularly, order taking cognizance. According to him, the said order is striking example of non application of mind, since it is 'stamped order' which reads as under :

(3.) Per contra, learned counsel for the informant has contended that there are specific allegations against applicant nos. 1 and 2 and in fact problem is aggravated once the marriage of applicant nos. 1 and 2 was solemnized. He contended that since Sec. 34 of the IPC, is also invoked against the applicants, whether there was a common intention or not can be decided during the course of trial. He thus prayed for dismissal of application.