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1990 Supreme(Bom) 447

M.F.SALDANHA
Anilchandra Pitambardas Sagar & others – Appellant
Versus
Rajesh Harjivandas Jhaveri and others – Respondent


JUDGMENT - M.F. SALDANHA, J.:---This is a Criminal Writ Petitioner under section 482 of the Code of Criminal Procedure, 1973 for quashing of a criminal complaint, being Case No. 76/S of 1989, filed before the Court of the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Bombay. The proceedings were instituted on a private complaint which was filed on or about 13-6-1989 and the learned Magistrate issued process against all the six accused, Nos. 2 to 6 of whom are the present petitioners Nos. 1 to 5 and original accused No. 1 is the present respondent No. 3 to this Criminal Writ Petition.

2. The facts of this case present a most distressing and unsavoury state of affairs and it is, therefore, necessary to set out a few material details. Respondent No. 3 is a family friend of petitioner No. 1, who is the father of petitioner No. 5 Sunita, who, in turn, is the wife of Respondent No. 1, the original Complainant.petitioner No. 2 is the mother of the girl Sunita. Petitioner No. 3 is the grandmother and Petitioner No. 4 is the sister of the girl Sunita. Petitioner No. 5, as pointed out earlier, is the wife of the original complainant. In other words, the complaint is

























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