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2023 Supreme(Online)(Bom) 14312

BOMBAY HIGH COURT
KISHORE C. SANT, J
Sunil Bapurao Gawalwad – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sushant V. Dixit
For the Respondents: Mr. S. R. Yadav-Lonikar, Mr. G. R. Syed

Table of Content
1. detailed allegations describe the second marriage and involvement of the petitioners. (Para 2 , 5)
2. defence arguments could not override evidence supporting process issuance. (Para 6 , 8)
3. judicial scrutiny and proper application of mind are required for process issuance. (Para 7 , 10 , 11)

ORAL 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 Section 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 Section 109 of the I.P.C. by order dated 15.09.2012 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 Section 494 of the I.P.C. Accused No. 2 - Pushpa who is not before this Cou

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