Malti Nimbraj Badhe and Ors. v. the State of Maharashtra and Anr.
Case brief
What is this about?
The High Court rejected an application seeking to quash an order under Section 498A IPC, holding that the application was premature and jurisdiction under Section 482 CrPC should not be exercised.
What did the court decide?
The Criminal Application stands rejected. Jurisdiction under Section 482 CrPC is declined.
What the court decided
(908) apl-1005.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1005 OF 2019
Malti Nimbraj Badhe and ors.: Applicants.
Versus
The State of Maharashtra and anr.: Respondents.
Mr. Shivraj N Kunchge for the Applicants.
Mrs. G P Mulekar, APP for the Respondent/State.
CORAM :S. S. SHINDE, J
DATE:13th September 2019
P.C.
1This Application takes exception to the order dated 29/09/2018
passed by the learned Judicial Magistrate First Class-3, Kalyan in Criminal
Application (Domestic Violence) No.142 of 2018 by which order the learned
Magistrate issued notice to the Applicants herein through Protection Officer
and Called for the DIR Report.
2Considering the nature of dispute in question, this Court is of the
opinion that this Criminal Application is pre-mature inasmuch as the
Applicants have opportunity to put forth their contentions before the said
Court. In that view of the matter, this Court declines to invoke jurisdiction
under Section 482 of the Criminal Procedure Code. Hence the Criminal
Issues for consideration
2 issues framed by the court
Whether the High Court should invoke writ jurisdiction under Section 482 CrPC to interfere with the Magistrate's order in a domestic violence matter.
Whether the criminal application challenging the order passed invoking Section 498A IPC is premature.
Parties & counsel
- applicant
Malti Nimbraj Badhe and ors.
- respondent
The State of Maharashtra and anr.
Coram
S. S. Shinde
Case details
As recorded by the court registry
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