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2024 Supreme(Bom) 366

M. S. KARNIK
Mangal Kashinath Dabhade – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Tejas Hilage.
For the Respondents: Smt. Sangeeta D. Shinde, APP, Pranali Kakade.

JUDGMENT :

1. The challenge in this revision application is to an order dated 2/2/2023 passed by the Additional Sessions Judge, Thane, below Exhibit 18 thereby rejecting the application filed by the present applicants (original accused nos.2 and 3) for discharge under Section 227 of the Code of Criminal Procedure.

2. The facts in a nutshell are that the accused no.1 Amol Dabhade was in a love relationship with the deceased for 7 to 8 years. The present applicant no.1 is the original accused no.2. She is Amol’s mother. The applicant no.2 herein is the original accused no.3. She is Amol’s sister. The victim committed suicide on 8/2/2018. The victim’s mother lodged First Information Report (FIR) bearing No. 170/2018 on 20/2/2018 under Section 306 of the Indian Penal Code (hereafter ‘IPC’ for short) read with Sections 3(2)(5A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘the Atrocities Act’ for short).

3. In the FIR dated 20/2/2018 there is no allegation against the present applicants. The allegations are against the accused no.1-Amol. It is alleged that Amol was in a love relationship with the deceased for 7 to 8 years. Instead of sole

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