MANOJ SURESH DEWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is the husband of the non-applicant no.2 herein. He is facing prosecution vide Regular Criminal Case No. 154 of 2011, pending before the Judicial Magistrate (First Class), Sakri [District : Dhule]. The said case arises on a complaint filed by the non-applicant no. 2 herein. The learned Magistrate has, by an order dated 22-8-2011, issued process against the applicant, requiring him to answer to the charge of offences punishable under Sections 193 of the IPC, 465 of the IPC and 471 of the IPC. Being aggrieved thereby, the applicant has filed this Application invoking the inherent powers of the court and praying that the proceedings of the said Criminal Case be quashed.

(2.) For the sake of convenience and clarity, the applicant shall hereinafter be referred as "the accused", and the non-applicant no.2 as "the complainant".

(3.) I have heard Mr. R.S. Deshmukh, the learned Counsel for the accused. I have heard Mr. R.N. Dhorde, the learned Senior Advocate for the complainant. I have heard Mr. P.N. Muley, the learned Additional Public Prosecutor for the State.