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2011 Supreme(Bom) 631

A.P.BHANGALE
Advocate Ramesh s/o Mohanlal Bhutada – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. ANAND PARCHRE with PANKAJ NAVLAI, Adovcates for applicants.
Mr. D.E. YENGAL, APP for Respondent No.1.
Mr. N.S. BHATIAD, Adv. for Respondent No.2.

JUDGMENT:-

Heard Mr. Anand Parchure, teamed counsel for the petitioners; Mr D.B. Yengal, learned APP for respondent No.1 and Mr. N.S.Bhattad for respondent No.2.

2. Rule, returnable forthwith, With the consent of respective learned counsel, the matter is taken up for final disposal

3. By means of this petition, the petitioners seek to quash and set aside the impugned order dated 18.7.2010 passed by learned Additional Sessions Judge, Akot arising from the order dated 15.2.2010 passed by learned Judicial Magistrate, First Class, Akot. It appears that the teamed JMFC by order dated 15.2.2010 in respect of an application challenging the authority/jurisdiction of the Court to entertain Misc. Application No.155/2009 considered the application filed and the say from the other side, with reference to Section 27 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (hereinafter to be referred to as “the Act of 2005”) and held that the learned JMFC has jurisdiction to entertain, try and decide the application of the aggrieved person under the Act of 2005. It is not disputed that the said application was decided without recording the statement of the parties with reference t








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