VIPIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Senior Counsel Shri Anil Mardikar for the applicants, learned Additional Public Prosecutor Shri P.V. Bhoyar for nonapplicant No.1/State and learned Counsel Ms. S.R. Ashar for nonapplicant No.2.

(2.) Admit. Heard finally by consent of the learned Counsel for the parties.

(3.) The applicants are accused in Criminal Complaint Case No.4 of 2007 in the Court of learned Additional Chief Judicial Magistrate, Nagpur and are facing trial for the offences punishable under Sections 323, 341, 504 and 506 PartII of the Indian Penal Code. Applicant No.2 is wife of applicant No.1. Applicant No.1 is a Priest in New Life Christian Church and is a practising lawyer. Nonapplicant No.2 Nisha Choudhary is the complainant in the said criminal case. The aggrieved party mainly appears to be the brother of the complainant namely Shekhar Manikrao Choudhary. The complainant/nonapplicant No.2 filed criminal complaint before the learned Additional Chief Judicial Magistrate alleging that the applicants had committed offences punishable under Sections 323, 341, 504 and 506 PartII of the Indian Penal Code, inasmuch as Shekhar was prevented from visiting the Church and he was assaulted. Shekhar was also criminally intimidated with a view to prevent him from visiting the Church.