LAWS(BOM)-2018-2-3

PALLAVI RAJENDRA DHADGE Vs. RAJENDRA KESHAV DHADGE

Decided On February 01, 2018
Pallavi Rajendra Dhadge Appellant
V/S
Rajendra Keshav Dhadge Respondents

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing. Heard learned counsel for the respective parties.

(2.) The petitioner has challenged the order, dated 21.7.2015, passed by the Judicial Magistrate, First Class, Court No. 11, Ahmednagar, below Eh.24 in RTC No. 372 of 2014, by which application filed by respondent nos. 1 and 2 under the provisions of Section 239 of the Criminal Procedure Code is partly allowed and they have been discharged from the offences punishable under Sections 420 and 497 of the Indian Penal Code, on the ground that the petitioner had no locus standi to file the complaint for the offence punishable under Section 497 of the Indian Penal Code and there was no prima facie material to frame the charge for the offence punishable under Section 420 of the Indian Penal Code.

(3.) The aforesaid order was assailed by the petitioner in Criminal Revision Application No. 199 of 2015. The learned Additional Sessions Judge, Ahmednagar dismissed the Revision by its order, dated 25.1.2017 and the findings recorded by the learned Magistrate are confirmed. Hence this Writ Petition.