SOW SUMANBAI RAMESH GARJE Vs. RAMESH DAGADU GARJE

JUDGEMENT

(1.) The concurrent findings recorded by the learned Judicial Magistrate, [F.C.], Shevgaon, Dist. Ahmednagar dated 13th October, 1998 in Criminal Misc. Application No. 88 Of 1994 together with the Judgment and order passed by the learned Joint District Judge and Addl. Sessions Judge, Ahmednagar dated 12th July, 2000 in Cri. Revn. Appln. No. 229 Of 1998 are questioned before this Court by invoking the extraordinary writ jurisdiction to this Court under Article 227 of the Constitution of India. The facts leading to the present Writ Petition can be stated as under:-

(2.) I have heard Mr. B.S. Shinde, h/for Mr. V.P. Latange, Advocate for the Petitioners and Mr. P.S. Shinde h/for Mr. S.G. Shinde, Advocate for the Respondent.

(3.) Both the learned counsel with vehemence submitted their respective cases, before this court. Both of them took me in detail of both the judgments, which are impugned before this court. With their able assistance, I have gone through both the Judgments in detail. Section 125(4) of the Code of Criminal Procedure, 1973 reads as under:-