Prakash and Others vs The State of Maharashtra and Another

K.U. Chandiwal, J.—Heard. Rule returnable forthwith. The applicants are relatives of Safar Prakash Choudhari, who is facing proceedings initiated by his wife - Smt. Pushpa, the respondent No. 2. The Executive Magistrate, Raver has initiated the proceedings for infraction of Section 107, 110(e)(g) of Cr.P.C.

I have asked Mr. Katneshwarkar, whether the applicants have any criminal antecedents, to which he informs, there is nothing, other than criminal prosecution, subject of present proceedings, and the one initiated by the wife of applicant No. 2.

Applicant Nos. 1, 3 to 10 are residents of distinct places, away from the abode of applicant No. 2 - Safal, who resides at Nimandar, Tq. Khaknar, District Burhanpur (MP). The other applicants did not primarily exert any pressure on the wife of applicant No. 2 or commit any ill-treatment, giving rise to the prosecution. However, keeping aside that aspect without just reasons in a private venture between the couple; jumping by the police officers to initiate preventive action is unconceivable. As the dispute is essentially between the couple, does not involve any tranquility or disturbance to traumatize situation in the public or society at large. The applicants, are not convicted in any offences under penal statutes, affecting to the body or limb of human being. In this situation of the matter, the show cause notice issued against the applicant by the Executive Magistrate, is quashed and set aside. Rule is made absolute in terms of prayer clause (A) of the Criminal Application.