LAWS(BOM)-2023-2-243

SADHANA Vs. STATE OF MAHARASHTRA

Decided On February 06, 2023
SADHANA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.

(2.) In this criminal writ petition, filed under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner, who is the wife of arrested accused Ajinkya Subhash Rathod, has questioned the correctness of the orders dtd. 1/12/2022 and 5/12/2022 passed by the learned Judicial Magistrate First Class, Nagpur Court No.1 granting police custody remand to the husband of the petitioner and also for quashing and setting aside these two orders as well as the order dtd. 8/12/2022 passed by the learned Judicial Magistrate First Class, Nagpur remanding the husband of the petitioner to the magisterial custody. The petitioner has also prayed for grant of bail. The petitioner has also prayed for quashing the order dtd. 5/12/2022, rejecting the application made by the petitioner under Sec. 97 of the Code of Criminal Procedure, 1973 (for short "Cr.PC).

(3.) The necessary and relevant facts for the decision of this petition need to be stated in brief.