A sitting sessions judge, along with his family, moved the Nagpur bench of the Bombay High Court seeking quashing of an FIR registered against him based on his estranged wife’s complaint. The woman, in her complaint registered at Warud Police Station in Amravati, alleged that her husband subjected her to unnatural sex as well as physical and mental harassment. The wife also accused the judge of clicking her obscene photographs on his mobile phone.
Judge, his family booked
Based on the wife’s complaint, the FIR was initially registered at Muktai Nagar Police Station in Jalgaon. However, on grounds of “want of jurisdiction”, it was transferred to Warud Police Station. Thereafter, the judge and his family members were booked under IPC sections 498A, 377, 323, 504 and 506. After family secured anticipatory bail from the sessions court, they were asked to report to the police station every week. Following this, the family moved the HC through counsel Parvez Mishra against the sessions court’s verdict.
HC grants interim respite
Granting interim respite to the petitioners, a division bench comprising justices Sheeram Modak and Zaka Haq directed the police to not file a chargsheet without the permission of the court. “Considering facts of the case, especially wife’s complaint after filing mutual divorce case under Section 13-B of the Hindu Marriage Act, 1955, we keep in abeyance sessions judge directives in the anticipatory bail application filed by petitioners,” a report by The Times of India quoted the observation of the HC bench. The bench added that till further orders, there was no need for the petitioners to report to the police state.
Charges are ‘highly doubtful’, argue petitioners
The petitioners questioned the delay of 13 months in the registration of the FIR. They argued that the delay makes the charges levelled against them “highly doubtful”. Also, the wife, in her complaint, did not disclose that a case of divorce with mutual consent was lodged last year, they contended.