IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.M. NERLIKAR
Ragunath s/o Jagganath Kaulkar – Appellant
Versus
Puspa w/o Sahebrao Wagh – Respondent
| Table of Content |
|---|
| 1. complaint details allegations against petitioners. (Para 3 , 4) |
| 2. counsel arguments regarding the validity of the complaint. (Para 5 , 6) |
| 3. court analysis of legal requirements for proving extortion. (Para 8 , 9) |
| 4. assessment of proper legal criteria for abusive language. (Para 10 , 11) |
JUDGMENT :
M.M. NERLIKAR, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
2. The petition under Articles 226 and 227 of the Constitution of India, challenging the order dated 09/05/2022 passed by the learned Judicial Magistrate, Jalgaon Jamod, in Miscellaneous Criminal Case No. 73/2019 wherein issue process order was passed and the order dated 23/04/2025 passed by the learned Additional Sessions Judge, Khamgaon, in Criminal Revision Application No. 28/2022 whereby the Revisional Court dismissed the revision petition filed against the aforesaid order.
3. The respondent no. 1 initially lodged a complaint on 18/03/2019 with the Police Station, Jalgaon Jamod. As no action was taken on the aforesaid complaint, respondent No. 1 herein filed Criminal Miscellaneous Application No. 73/2019 before the learned Judicial Magistrate, Jalga
Court clarified the need for clear evidential basis for issuing processes under IPC, specifically for extortion and language offences.
The court emphasized the limited scope of revisional jurisdiction and the requirement for a prima facie case to be made out for summoning the accused.
Attempt to Murder - Court while hearing the matter under Section 482 of Cr.P.C. at initial stage of trial, cannot examine and genuineness of the statement, allegation made in FIR.
The main legal point established in the judgment is that allegations in a family property dispute lacked prima facie evidence of the accused committing the alleged offences, and the Magistrate's non-....
Economic Offences - Court can exercise the powers under Section 482 of Cr.P.C. wherein the complaint does not disclose committing of any cognizable offence and the same is filed with an ulterior moti....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.