This is a criminal writ petition filed by a brother-in-law of the complainant-wife. The petitioner challenged the rejection of his application for discharge and permanent exemption. The High Court dismissed the writ petition, noting that a prima facie case exists and the Magistrate has discretion to grant exemption.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) (904) WP 1112/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Amk
WRIT PETITION NO. 1112 OF 2012
Sanjay Shankar Landge Vs.
The State of Maharashtra & Ors.
.. Petitioner
.. Respondents
Mr. Amit G. Kasbe a/w. Mr. Kishore Bhatiya for the Petitioner. Ms. Anjali Purav a/w. Ms. Netra Kargutkar for Respondent No.2. Mrs. A. A. Mane, APP for Respondent No.1State.
CORAM : MRS. ROSHAN DALVI, J. DATE : 23rd JANUARY, 2013.
P.C.
(2) (904) WP 1112/12
unsuitable for her child. She claims to reside in the matrimonial home. Whilst she was away, the matrimonial home has been sold. She has alleged cruelty on the premise that she has not been able to live peacefully in the other residence purchased by her in-laws. That aspect will have to be seen at the trial.
(ROSHAN DALVI, J.)
2 issues framed by the court
Whether the writ petition challenging the criminal proceedings and refusal of permanent exemption should be allowed.
Whether the petitioner can be discharged from criminal proceedings based on his initial lack of involvement in the matrimonial dispute.
Sanjay Shankar Landge
The State of Maharashtra
Others
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
