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2010 Supreme(Bom) 729

A.B.CHAUDHARI
Satish @ Rajendra s/o Harbans Tiwari – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:R.M. Patwardhan, Advocate. For the Respondents:R1, D.B. Patel, A.P.P., R2, J.M. Gandhi, Advocate.

Judgment :-

Rule. Heard forthwith finally by consent of learned counsel for rival parties.


2. Being aggrieved by the order dated 14.8.2008 passed by J.M.F.C. Kamptee in Criminal Complaint Case No. 660 of 2007 issuing process in a complaint made under Section 498A of Indian Penal Code against the applicants, the present writ petition has been filed.


3. In support of writ petition, Mr.Patwardhan learned counsel for the petitioner, vehemently argued that the complainant/respondent no.2-wife had lodged first information report with the police station against her husband and other petitioners who are the father, mother, brother and brother's wife and petitioner no.1. Police carried out investigation in Crime No. 196 of 2004 registered for the offence punishable under Section 498A of Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act and after thorough investigation police found that case was made out only against petitioner no.1 and not other family members of the petitioner no.1, i.e. petitioners 2 to 4. and therefore chargesheet was filed only against petitioner no.1. Thereafter the complainant/respondent no.2-wife filed private criminal complaint case No. 660 of 200














































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