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2023 Supreme(Bom) 1013

KISHORE C. SANT
Sunil Bapurao Gawalwad – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Sushant V.Dixit, Advocate, S.R.Yadav, Advocate, G.R.Syed, Advocate

JUDGMENT

1. Heard learned advocates for the parties. Taken up for final disposal at the stage of admission.

2. The petitioners/accused persons against whom an order of issuance of process is passed are before this Court. Against the petitioner No. 1 the process is issued for the offence punishable under Sec. 494 of the Indian Penal Code (for short "I.P.C.") and against petitioner Nos. 2 to 15 the process is issued for the offence punishable under Sec. 109 of the I.P.C. by order dtd. 15/9/2012 in R.C.C. No. 109/2011 by the learned J.M.F.C., Kandhar. There is long history before passing of this order. Initially, respondent No. 2-wife filed complaint in the Court of learned J.M.F.C., Kandhar against the petitioners and one Pushpa @ Pinki w/o Sunil Gawalwad for the offence punishable under Sec. 494 of the I.P.C. Accused No. 2 - Pushpa who is not before this Court and it is alleged that there is no such girl by name Pushpa Sunil Gawalwad. For the accused Nos. 3 to 16 process is issued for the offence punishable under Sec. 109 of the I.P.C. The learned Magistrate by order dtd. 27/7/2011 had issued process. However, the said order came to be challenged by filing revision bearing Criminal Re

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