ANKITA HARINATH MISHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable with the consent of the parties and heard finally.

(2.) This application takes an exception to the order dated 17.03.2019 passed by the learned Judicial Magistrate, 4th Court, Bhiwandi, Thane thereby granting permission to arrest the present applicant.

(3.) It is the case of the applicant that, pursuant to a missing complaint, a F.I.R. bearing C.R. No. 119 of 2019 was registered by one Mrs. Poonam Nityanand Pandey, who is original complainant, under sections 302 and 201 of the Indian Penal Code (for short "I.P.C.") for the murder of her husband Mr.Nityanand Sheetalprasad Pandey on 17.03.2019. The information was received by the respondent's office at 20:05 on 17.03.2019. The FIR was registered at 20:33 p.m. on the night of 17.03.2019 against unknown persons. Thereafter, after alleged investigation, the respondent's officers came to the conclusion that the present applicant has committed the murder of the deceased and was shown as an accused merely on the basis of suspicion, sans any legal and/or material evidence as against her.