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2023 Supreme(Bom) 686

G. A. SANAP
Seema Hitesh Khandelwal @ Smt. Seema Manish Khuteta – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station, Kotwali, Amravati – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anil Dhawas.
For the Respondents: Ms. M.H. Deshmukh, APP, Mr. A.S. Mardikar, Sr. Adv., assisted by Ms. Ira Khisti and Mr. P.M. Pande.

JUDGMENT :

1. Heard.

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

3. In this criminal writ petition, filed under Article 226 read with Article 227 of the Constitution of India, the petitioner who is the informant in the Crime bearing No. 29 of 2013 registered at City Kotwali Police Station Amravati, has challenged the order dated 13.10.2020 passed by the learned Chief Judicial Magistrate, Amravati, whereby the learned Chief Judicial Magistrate discharged accused No.5-Smt. Laxmi Hemant Pangarkar from the said crime bearing No. 29 of 2013 for the offences punishable under Sections 420, 467, 471, 472 read with Section 34 and Section 120 B of the Indian penal Code (hereinafter referred to as ‘IPC’).

4. The facts leading to this writ petition are as follows:

The informant was married to Hitesh Khandelwal. He died on 27.10.2009. After the death of Hitesh Khandelwal, she got married to one Manish Khuteta on 04.12.2012. In the Crime bearing No.29 of 2013 there are eight accused. The accused No.1 is the brother of deceased Hitesh Khandelwal. The accused No. 2 is the mother of Hitesh Khandelwal. Accused No. 5 is a practicing Advocat

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