YUVRAJ SITARAM DHAMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code") assails the legality, propriety and correctness of a judgment and order passed by the learned Additional Sessions Judge, Pune, dtd. 12/9/2022, in Criminal Revision Application No.171 of 2022, whereby the learned Additional Sessions Judge was persuaded to allow the revision application and set aside the order dtd. 5/2/2022 passed by the learned Magistrate on an application for discharge preferred by respondent No.2 - original accused No.2 in Regular Criminal Case No.2930 of 2020 and thereby discharge respondent No.2 of the offences punishable under Ss. 506(2), 506, 500 and 504 read with 34 of the Indian Penal Code, 1860 ("the Penal Code").

(2.) The background facts necessary for the determination by this application can be stated, in brief, as under:

(3.) Being aggrieved, accused No.2 preferred Revision Application No.171 of 2022 before the Court of Session at Pune. By the impugned order, the learned Additional Sessions Judge was persuaded to allow the revision holding inter alia that there was prima facie no sufficient material to frame charge against accused No.2. Thus, the learned Additional Sessions Judge interfered with the order passed by the learned Magistrate and discharged accused No.2 of the offences punishable under Ss. 506(2), 506, 504 and 500 of the Penal Code.