LAXMIBAI POONAMCHAND GANGWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both the sides, heard finally at the stage of admission.

(2.) By the present writ petition, the petitioner takes exception to the order dtd. 25/6/2019, passed by the learned Sessions Judge, Aurangabad in Criminal Revision Application No.286 of 2017, thereby the order dtd. 9/8/2017, passed by the learned Judicial Magistrate, First Class, Court No.21, Aurangabad, below Exh.48 in Regular Criminal Case No.1149 of 2012, is quashed and set aside and the respondent No.2 / complainant is permitted to add the present petitioner as accused No.3 in the complaint.

(3.) Respondent No.2 is the original complainant in R.C.C. No.1149 of 2012, wherein he prayed for criminal action against the original accused No.1 Subhash Poonamchand Gangave and accused No.2 Sou. Suman w/o Subhash Gangave for the offences punishable under Ss. , 447, 448, 451, 453, 456, 34 of I.P.C., on the ground that, on 13/2/2012, both the accused with the help of relatives of accused No.2, opened the lock of the door of premises which was subject matter of the complaint. It is also not in dispute that after recording evidence before charge, the respondent No.2 / complainant has filed Exh.48 application under Sec. 319 of Cr.P.C., claiming that after the police report is called, it has been revealed that the present petitioner/proposed accused Smt. Laxmibai is involved while breaking upon the lock of said premises. On 9/8/2017, the learned Judicial Magistrate, First Class, passed the order below Exh.48 and rejected the prayer of respondent No.2 for impleading the present petitioner as accused No.3 in complaint R.C.C. No.1149 of 2012.