PRIYANKA VIJAY GWALANI Vs. VIJAY INDERLAL GWALANI

JUDGEMENT

(1.) Heard learned Advocate Dewani for the Petitioners-the Accused persons and learned Advocate for Respondent No.1- Complainant.

(2.) It is a matter of record that up til now no process is issued for an offence punishable under Sec. 500,506 read with Sec. 34 of the Indian Penal Code against these Petitioners. Though the Respondent No.1 has requested the Court of 11th Additional Chief Metropolitan Magistrate, Kurla to issue process for those Sec. against the Petitioners, however, he has failed. The learned Magistrate as per the order dtd. 15/4/2023 has dismissed the complaint by taking recourse to the provisions of Sec. 203 of Cr.P.C.. The material findings are as follows:

(3.) This order was taken an exception by the Complainant by way of Criminal Revision Application. There also the Complainant has failed to satisfy the revisional Court about issuance of a process. However, the Complainant was successful in convincing the revisional Court to remand the matter to the trial Magistrate for further enquiry. Said order is passed by the Court of Additional Sessions Judge, Greater Mumbai on 3/4/2024. The Direction No.3 reads thus: