(1) CRI. APPLN. 1332.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1332 OF 2010 Gausia Khan w/o Rehman Khan Age : 42 years, Occu.: Teacher, R/o. Osmanpura, Degloor Naka, Nanded, Tq. and Dist. Nanded .. Applicant VERSUS 1] The State of Maharashtra, (Copy to be served upon GP High Court Bench at Aurangabad) 2] Superintendent of Police, Nanded, Dist. Nanded .. Respondents Mrs. S.S. Jadhav, Advocate for the Applicant Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : K.U. CHANDIWAL, J. DATED : 3RD MAY, 2010 PER COURT:- 1] Heard the learned counsel for the accused- applicant and the learned APP. The accused-applicant moved six Applications before the learned District Judge, Nanded in terms of section 438 of the Code of Criminal Procedure, faced its' brunt in dismissal. Criminal Application no. 3255 of 2009 before this Court was allowed to be withdrawn by order dated 1.10.2009, observing "Liberty at appropriate time". (2) CRI. APPLN. 1332.2010 2] The counsel submits, that in the light of such liberty, the applicant is justified to seek discretion of this Court in terms of section 438 of the Code of Criminal Procedure. The learned counsel highlighted the plight of the accused-applicant, a whistle blower in her terms having tried to set at naught the atrocities of her husband and the husband of her sister, is roped in the offence where the accused-applicant herself lodged report with the Police. 3] The checkered history between the accused- applicant and her husband Rehman Khan, an Advocate by profession need not be dealt upon as it only projects the black shed of the rift between the spouses. The fact remain, on 8.3.2008, Anisa the real sister of the accused-applicant lost her precious life though the FIR is lodged against the accused-applicant on 14.3.2008, the circumstances indicated primary role of the accused-applicant in commission of offence in terms of section 306 of said Anisa. Statement of children of Anisa though is recorded, however by that itself will not be a capital to entertain the discretion in favour of the accused-applicant. The in-depth enquiry with interrogation of the accused- applicant is tried to be stalled by remaining away and making Application at several intervals. It was pointed out that children of deceased including (3) CRI. APPLN. 1332.2010 children of the accused-applicant shall be shelter- less if something goes wrong by putting her in custody. This may be a fact situation, however, for this, the Court should not shower sympathy on the accused-applicant. The primary responsibility of the accused-applicant is writ large having so indicated in the investigation papers. The casual approach with which the accused-applicant has dealt in the investigation to remain non co-operative also added fuel. 4] The Criminal Application lacks merit, dismissed. Observations are prima facie in nature, not to be influenced by the Court concerned. Sd/- (K.U. CHANDIWAL, J.) arp