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2017 Supreme(Bom) 2466

R.K.DESHPANDE
Gautam s/o Sambhaji Narnaware – Appellant
Versus
Archana w/o Sunil Narnaware – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri P.S. Sahare, Advocate
For the Respondent:Shri S.R. Tiwari, Shri S.M. Prasad, Advocate

JUDGMENT :

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The learned 25th Judicial Magistrate First Class (Special Court, Protection of Women from Domestic Violence Act), Nagpur passed an order dated 17/12/2015, directing the M.S.E.D.C.L. to provide new connection of electricity to the applicant, who is the respondent No.1 in this petition, within a period of 15 days from the date of order of payment of prescribed fees as per Rules. Being aggrieved by the said order the appellant has challenged the same in Criminal Appeal No.19/2016. The learned Additional Sessions Judge, Nagpur on 13/05/2016 has dismissed the same. Hence, this Petition.

3. Shri P.S. Sahare, the learned counsel for the petitioner submits that the respondent complainant is the daughter-in-law of the petitioner and the learned Additional Sessions Judge, Nagpur was not justified in maintaining the order of the learned JMFC to provide the electricity connection to respondent No. 1 without notice to the petitioner, who is the owner of the premises. The order is therefore liable to be set aside. It is also urged by him that without obtaining no objection f








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