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2015 Supreme(Bom) 2323

INDIRA K.JAIN
Manoj – Appellant
Versus
Rahemat Bee Mohd. Hasam – Respondent


Advocates:
Advocate Appeared:
Mr. Rajendra S. Deshmukh, for Applicant
Mr. S.S. Patil, for Respondent No.1
Mrs. M.A. Deshpande, APP for Respondent No.2/State

JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

2. Applicant is Accused No.1 in a private complaint filed by Respondent No.1/Complainant before the learned Judicial Magistrate First Class, (1st Court), Jalgaon on which learned Magistrate took cognizance, registered the case as R.C.C. No.651 of 2005 and issued summons to the Applicant/Accused. The case was registered under Sections 326, 504, 506(II) and 34 of the Indian Penal Code.

3. Here is an application under Section 482 of the Code of Criminal Procedure for quashing the proceedings in R.C.C. No.651 of 2005 pending before the learned Judicial Magistrate First Class, (1st Court), Jalgaon.

4. For the sake of convenience Applicant shall be referred as Accused No.1 and Respondent No.1 as Complainant as were referred before the Trial Court.

5. The case of Complainant in brief is as under –

i. On 9th February, 2005 between 01:00 pm and 02:00 pm Complainant was in her brother's house. Accused No.1 Police Officer came there alongwith 15 to 20 policemen. It is alleged that Accused No.1 started assaulting Complainant with iron pipe. Complainant asked him and other policemen rea





































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