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KISHORE C. SANT
Sunil Bapurao Gawalwad – Appellant
Versus
State Of Maharashtra – Respondent
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
The central legal point established in the judgment is the requirement for the learned Magistrate to apply his mind properly while issuing process, as emphasized in the relevant judgments.
The magistrate must apply proper scrutiny and findings before issuing process; mere witness statements are insufficient for triggering criminal proceedings.
The court established that family members involved in marriage settlements have a duty to disclose relevant marital history, and failure to do so can lead to criminal liability under IPC provisions r....
Only the Magistrate who has taken cognizance of the offences in terms of Section 200 of the Cr. P.C. is competent to issue process under Section 204.
The revisional jurisdiction under Section 397 of the Cr.P.C. is available to challenge the order of issuance of process, as clarified by the Supreme Court.
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
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