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2018 Supreme(Bom) 550

K.L.WADANE
Saurabh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:S.H. Jagiasi, D.S. Gagiasi, N.D. Jagiasi, Advocates.
For the Respondents:A.P. Basarkar, APP, S.V. Mundhe, Advocate.

JUDGMENT :

1. Rule. Rule made returnable forthwith. With consent of parties, the petition is taken up for final disposal.

2. Present writ petition is filed by the petitioners/original accused for following relief:

"(B) By issuing a writ of mandamus or any other appropriate writ, order or direction of like nature, the order dated 18.02.2017, passed by the learned Additional Sessions Judge, Gangakhed in Criminal Revision No. 21/2016 so also the order passed below Exh.27 in R.C.C. No. 26/2015 by the learned Judicial Magistrate, First Class, Gangakhed, dated 19.09.2016 may kindly be quashed and set aside."

3. Brief facts of the case may be stated as follows:

(1) Petitioner No.1 is husband of respondent no.2 and petitioner Nos. 2 and 3 are parents of petitioner No.1. Marriage of petitioner No.1 and respondent No.2 took place on 14.02.2013. According to the petitioners, after the marriage, respondent No.2 resided with petitioner No.1 for about three months and thereafter she left the matrimonial house on her own accord. Petitioners requested respondent No.2 to come and resume company of petitioner No.1, however, there was no response.

(2) On 07.08.2014, respondent No.2 lodged complaint with Wo


























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