VIBHA KANKANWADI
Taskin d/o. Shaikh Ali Akbar Mogal – Appellant
Versus
Eajaj Khan Shafi Khan Pathan – Respondent
1. Rule. Rule made returnable forthwith. Heard finally with consent of learned Counsel for respective parties.
2. Both the petitioners by invoking writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India as well as by invoking powers under Section 482 of the Code of Criminal Procedure, 1973 [For short, "Cr.P.C."], have challenged the order passed by the Judicial Magistrate (First Class), Court No.4, Ahmednagar, in R.T.C. No. 351 of 2011, on 16.08.2012, whereby process was issued against petitioner no.01 in Cri. W.P. No. 1440 of 2015 (original accused no.01) for the offence punishable under Section 494 of the Indian Penal Code and petitioners in Cri. W.P. No.1461 of 2015 (original accused nos.06 and 07) for the offence punishable under Section 109 read with Section 34 of the Indian Penal Code.
3. Respondent no.01 herein is the original complainant. The complaint is filed against the petitioner in Cri.W.P. No. 01440 of 2015, who is original accused no.01, contending that she is the wife of the present complainant and during the subsistence of their marriage, she has performed marriage with petitioner no.01 in Cri.W.P. No. 01461 of 2015. Petition
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