Shankar Sukhdev Londhe v. State of Maharashtra & Ors.
Case at a glance
Outcome
Disposed of
With these observations the writ petition is disposed of
Provisions considered
Key paragraphs
- Para 22. By this writ petition, the petitioner is seeking direction to respondent no.2 to forthwith register an offence under section 304-B of I.P.C. against respondent nos.4 to 6 in addition to the offence under sections 498-A and 306 of I.P.C. Mr.Purwant, learned counsel for the…
Judgment
Mr.V.V.Purwant for the petitioner. Mrs.A.S.Pai A.P.P. for the State. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 5TH APRIL, 2010. P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Operative part
By this writ petition, the petitioner is seeking direction to respondent no.2 to forthwith register an offence under section 304-B of I.P.C. against respondent nos.4 to 6 in addition to the offence under sections 498-A and 306 of I.P.C. Mr.Purwant, learned counsel for the petitioner submits that the offence in the present case occurred within less than two months from the date of marriage and in view of the allegation made in the FIR that the deceased was subjected to cruelty with a view to coercing her to meet unlawful demand of dowry, the police ought to have applied section 304-B of IPC. Learned A.P.P., on instructions, submits that the police have already filed a charge-sheet. In view thereof, though prima facie we find substance in the submissions advanced by Mr.Purwant, learned counsel for the petitioner, we are satisfied that this petition can be conveniently disposed of by the following order: 2 The Sessions Court while framing the charge will consider whether there is sufficient material on record to frame the charge against accused persons under section 304-B of IPC. If the charge under this provision is framed, the Sessions Court may issue direction for further investigation under section 173(8) of the Code of Criminal Procedure, if he finds it necessary. While passing this order we shall not be understood to have examined merits of the case and the learned Sessions Judge shall pass appropriate orders on merits in accordance with law. With these observations the writ petition is disposed of. (A.R.JOSHI,J.)
(D.B.BHOSALE,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With these observations the writ petition is disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Code of Criminal Procedure, 1973 — s. 173(8).
Which court decided this case, and when?
Bombay High Court, on 05 Apr 2010. The bench was A R JOSHI, D B BHOSALE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.