Asha Kamal Yadav vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 2069

N. J. JAMADAR
Asha Kamal Yadav – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
Satyaram Gaud, Advocate, S.R.Agarkar, Advocate, Samarth Karmarkar, Advocate, Vrindavan Patil, Advocate

JUDGMENT

1. Rule. Rule made returnable forthwith, and with the consent of the learned Counsels for the parties heard finally.

2. The challenge in this petition is to an order dtd. 17/7/2019 in Criminal Revision Application No.1251 of 2018, passed by the learned Additional Sessions Judge, Greater Bombay, whereby the revision application preferred by the petitioners herein against the order of issuance of process, dtd. 21/8/2018, passed by the learned Metropolitan Magistrate, 32nd Court, Bandra, Mumbai, in CC No.1863/SS/2016 lodged by respondent no.2 herein, for the offence punishable under Sec. 500 read with Sec. 34 of the Indian Penal Code, 1860 ("the Penal Code") came to be dismissed.

3. The background facts leading to this petition can be stated in brief as under:

(a) Smt. Ekta, Respondent no.2 - complainant is the wife of petitioner no.2 - Amitkumar. Petitioner no.3 is the father of petitioner no.2. Mrs. Asha Yadav, petitioner no.1 is the wife of Mr. Kamal Yadav, who is working as a teacher with Brinhanmumbai Municipal Corporation's Secondary School, Kher Nagar, Bandra (E), Mumbai. Smt. Ekta, the complainant, is also working as a teacher in the said school. The complainant allege