1

CRI WP 403.2015 +.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 403 OF 2015

1.

Vithhalrao S/o Kondiba Waghmare,

Age: 65 years, Occu: retired,

2.

Shantabai W/o Vitthalrao Waghmare,

Age: 55 years, Occu: Housewife,

3.

Karuna S/o Vitthalrao Waghmare,

Age: 30 years, Occu: Housewife,

4.

Vidya d/o Vitthalrao Waghmare,

Age: 29 years, Occu: Teacher

Petitioners No. 1 to 4 are R/o. Kundalwadi,

Tq. Biloli, Dist. Nanded.

5.

Shobabai W/o Saylu Kasewad,

Age: 38 years, Occu: Housewife,

R/o. At Doman Yelgi, Post. Kotgir,

Tq. Bhodan, Dist. Nazamabad (A.P.)

… PETITIONER

VERSUS

1.

The State of Maharashtra,

Through P.S. Bhagyanagar, Nanded.

2.

Priya W/o. Kailashchandra Waghmare,

Age: 32 years, Occu: Service,

R/o. Tathagat Nagar, Nanded.

…RESPONDENTS

….

WITH

CRIMINAL WRIT PETITION NO. 404 OF 2015

Kailashchandra S/o Vithhalrao Waghmare,

Age: 38 years, Occu:- Service,

R/o. Tathagat Nagar, Nanded,

Dist: Nanded.

PETITIONER

2

CRI WP 403.2015 +.odt

VERSUS

1.

The State of Maharashtra

Through PS Bhagyangar, Nanded

2.

Priya W/o Kailashchandra Waghmare

Age: 32 years, Occu: Service,

R/o. Tathagath Nagar, Nanded. …RESPONDENTS

…

WITH

CRIMINAL WRIT PETITION NO. 405 OF 2015

Rajkumar S/o. Vithhalrao Waghmare,

Age: 29 years, Occu: Business,

R/o. Kundalwadi, Tq. Biloli,

Dist. Nanded.

… PETITIONER

VERSUS

1.

The State Of Maharashtra,

Through P.S. Bhagyanagar, Nanded.

2.

Priya W/o. Kailashchandra Waghmare,

Age: 32 years, Occu: Service,

R/o. Tathagath Nagar, Nanded.

…RESPONDENTS

...

Advocate for Petitioners : Mr D.M. Shinde

APP for Respondents: Miss R P Gour

Advocate for Respondent 2 : Mr S V Kale

...

CORAM : V.K. JADHAV, J.

…

Reserved on : August 18, 2016

Pronounced on : August 30, 2016.

…

3

CRI WP 403.2015 +.odt

ORAL JUDGMENT :-

1.

Rule. Rule made returnable forthwith. With the

consent of learned counsel for respective parties, heard

finally.

2.

Being aggrieved and dissatisfied by the common

Judgment and order passed in Criminal Revision

Application No.91 of 2014 and Criminal Revision

Application No.92 of 2014 by the learned Sessions

Judge, Nanded dated 13.2.2015, the original accused in

Sessions Case No.208 of 2013 has preferred these writ

petitions.

3.

Brief facts, giving rise to the present writ petitions,

are as follows :-

a]

On the basis of the complaint lodged by

Respondent No.2 Priya Waghmare Crime bearing

No.10/2012 came to be registered at Police Station,

Bhagyanagar, District Nanded for the offence punishable

under section 498-A, 497, 328, 294, 292, 323, 504, 506,

509, 114, 109 read with section 34 of the Indian Penal

Code. After due investigation, Police Station Bhagya

4

CRI WP 403.2015 +.odt

Nagar has submitted charge sheet in the Court and the

case is committed to the Sessions Court as offences

alleged to have been committed by the

petitioners/accused are triable exclusively by the Court

of Sessions.

b]

The petitioners have filed an application Exh.55 in

the said Sessions Case 208 of 2013 for discharge. The

learned Assistant Sessions Judge, Nanded by order

dated 14.3.2014 below Exh.55 in Sessions Case No.208

of 2013 partly allowed the said application and all the

petitioners/original accused were discharged for the

offences punishable under sections 109, 114, 294 and

Section 497 of the Indian Penal Code. Except the

petitioner-accused No.1 Kailashchandra s/o Vitthal

Waghmare all the accused are also discharged for the

offence punishable under section 292 of the Indian

Penal Code. However, the learned Assistant Sessions

Judge, Nanded has rejected the application so far as

prayer claiming discharge for the offence punishable

under Section 328 of the Indian Penal Code. Being

aggrieved by the same, the petitioners-accused preferred

5

CRI WP 403.2015 +.odt

two Criminal Revision Applications bearing No