MALA RAHUL VARMA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Shri S.S. Hulke, learned A.P.P. waives service for Respondents-State. With consent of learned Counsel for the parties, the petition is taken up for final hearing.

(2.) The present Petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dtd. 19/10/2024 in R.C.C. No.2216/2022 passed by Learned Judicial Magistrate First Class, (M.V.) Court, Nagpur, wherein, the application of the petitioner filed under Sec. 173(8) of the Code of Criminal Procedure, 1973, was rejected by the learned judge.

(3.) So as to decide the present petition, brief facts of the case appears to be that the petitioner is the legally wedded wife of Rahul Surajprasad Varma, and their marriage was solemnized in the year 2011. Out of the said wedlock, the couple has been blessed with one daughter and one son. A dispute arose between the husband and wife, which resulted into filing of certain proceedings. It is alleged that on 11/04/2022, at about 06:00 p.m., the husband of the petitioner, Rahul Varma, entered the petitioner's house by breaking the lock, and cut the wires of the fridge and cooler, and scattered household articles. When the petitioner returned home on the same day, at about 09:30 p.m., she found that her husband had broken the lock, entered the house, and scattered the household articles, as well as cut the wires of the fridge and cooler. Based on these allegations, a written complaint was filed on 12/04/2022. Thereafter, on 14/04/2022, First Information Report No.230/2022 was registered with Hudkeshwar Police Station. After completing the investigation, a charge-sheet was filed on 19/05/2022 which resulted into registration of R.C.C. No.2216/2022.