ASHWINI GAJANAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocates for the parties. Perused the record and proceedings.

(2.) In this criminal writ petition, the challenge is to the judgment and order dtd. 23/4/2024 passed by the learned Additional Sessions Judge, Khamgaon, District Buldhana whereby the learned Judge dismissed the revision application, filed by the petitioner, challenging the order of issuance of process against her dtd. 4/10/2023 passed by the learned Judicial Magistrate, First Class, Khamgaon for the offence punishable under Sec. 500 of the Indian Penal Code (for short, "the I.P.C.").

(3.) The complainant/respondent No.2 is a retired Military Officer. He is resident of Amdapur, Tahsil-Chikhli, District Buldhana. On the report of the petitioner, the crime bearing No.225/2022 was registered against the son of the respondent No.2, with Khamgaon Police Station for the offence punishable under Sec. 376 of the I.P.C. In the said crime, the son of respondent No.2 was arrested. He applied for bail. In the said bail application, the petitioner filed the affidavit and opposed the said bail application. It is stated in the complaint filed by respondent No.2 that while opposing the bail application, apart from commenting on the conduct of the son, the petitioner made false and frivolous allegations against him. The petitioner alleged in her affidavit that not only the accused in the said case but also, his father, respondent No.2, was involved in similar offences. It was categorically stated in the affidavit that the respondent No.2 is residing with a woman of another religion. The allegation and the imputation are false and frivolous. His son, the accused in the said case, disclosed this fact to him. He, thereafter, obtained the certified copy of the application. He initially lodged the report with the police. He filed an application under Sec. 156 (3) of the Cr.P.C. before the Magistrate. However, the said application was rejected. Respondent No.2, thereafter, filed a complaint against the petitioner in the Court of Judicial Magistrate First Class, Khamgaon for commission of an offence under Sec. 500 of the I.P.C.