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2014 Supreme(Bom) 401

M.L.TAHALIYANI
Vipin s/o. Vincent Bower – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri ANIL MARDIKAR, Senior Counsel for the Applicants.
Shri P.V. BHOYAR, Addl. P.P. for Non-Applicant No.1/State.
Ms. S.R. ASHAR, Adv. for Non-Applicant No. 2.

JUDGMENT

Heard learned Senior Counsel Shri Anil Mardikar for the applicants, learned Additional Public Prosecutor Shri P.V. Bhoyar for non-applicant No. 1/State and learned Counsel Ms. S.R. Ashar for non-applicant No. 2.

2. Admit. Heard finally by consent of the learned Counsel for the parties.

3. The applicants are accused in Criminal Complaint Case No. 4 of 2007 in the Court of learned Additional Chief Judicial Magistrate, Nagpur and are facing trial for the offences punishable under Sections 323, 341, 504 and 506 Part-II of the Indian Penal Code. Applicant No. 2 is wife of applicant No. 1. Applicant No. 1 is a Priest in New Life Christian Church and is a practising lawyer. Non-applicant No. 2 Nisha Choudhary is the complainant in the said criminal case. The aggrieved party mainly appears to be the brother of the complainant namely Shekhar Manikrao Choudhary. The complainant/non-applicant No. 2 filed criminal complaint before the learned Additional Chief Judicial Magistrate alleging that the applicants had committed offences punishable under Sections 323, 341, 504 and 506 Part-II of the Indian Penal Code, inasmuch as Shekhar was prevented from visiting the Church and he was assaulte











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