JUDGMENT

V. G. Bisht, J. - The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 222 of 2020 registered with Kodoli Police Station, District-Kolhapur for the offences punishable under Sections 302, 201 of the Indian Penal Code.

2 It is the case of prosecution that the informant is a Police Patil of village Aawali. Applicant and one Sanjay Ganpat Patil are friends. There was rumour in the village that since last two years the wife of said Sanjay Patil, namely, Savita Sanjay Patil (deceased for short) was having illicit relations with the applicant. Even Sanjay Patil suspected on the character of the deceased and, therefore, there used to be quarrel between them.

3 It is alleged that since the deceased was missing and her body was found, initially the informant lodged the report against the husband of the deceased but later on, during the course of investigation it revealed that it was the applicant who had killed the deceased.

4 Mr.Joshi, learned Counsel for the applicant, submits that initial FIR which was filed on 04/11/2020 by the informant -Police Patil was filed on the ground of suspicion only. Thereafter the informa