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2024 Supreme(Online)(Bom) 4358

BOMBAY HIGH COURT
M.W. Chandwani, J
KOMAL SANJAY BHOYAR – Appellant
Versus
THE STATE OF MAH. THR. PSO PS MANGRUL DASTGIR TQ. DHAMANGAON RAILWAY DIST. AMRAVATI AND ANOTHER. – Respondent


Advocates:
Shri S.P. Bhandarkar, Ms Kavita Bhondge, Ms L.G. Tiple

ORAL JUDGMENT:

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

2. The petition challenges issuance of search warrant under section 19(1) of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) before the learned Judicial Magistrate First Class (JMFC), Dhamngaon Railway, District Amravati in Misc. Cri. A. No.329/2023.

3. The respondent filed an application under section 97 of the Code of Criminal Procedure before the learned JMFC, Dhamngaon Railway contending that the respondent married the petitioner on 05.12.2023 at Shiv Vaidik Vivah Mangal Karyalaya, Nalwadi, Wardha. On the date of marriage itself the mother alongwith her uncle had been to the house of respondent and on the next day the petitioner was taken away by them on the pretext of Satyanarayan Puja at their home. However, later on the petitioner had called the respondent stating that her parents are torturing her because of the marriage and they are not allowing the petitioner to come back to join the company of the respondent. The learned JMFC by the impugned order issued search warrant under section 97 of the Cr.P.C. and directed the Police Station Officer of Mangr

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