Application challenging ASJ Akola's order dismissing revision against Magistrate's issuance of process under Section 31 DV Act; applicant claimed he was only a witness to property sale by his mother-in-law. Court heard counsel and adjourned matter, issuing notice returnable in two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 287 OF 2024
Pradeep S/o. Dayaldas Sadane
Vs.
The State of Maharashtra and another
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri Sumit G. Joshi, Advocate for applicant. Shri Harshal Futane, APP for non-applicant no. 1/State.
CORAM :- M. W. CHANDWANI, J.
DATED :- 20.02.2024
Heard.
RR Jaiswal
2 14-apl-287-24.odt
sold the property, which was in her name. The applicant only stood as a witness to the said sale deed. On the grievance raised by the non-applicant no. 2, the learned Magistrate directed an enquiry and after receipt of report under Section 202 of the Code of Criminal Procedure, wherein inspite of the Police has informed that the mother-in-law of the non-applicant no. 2 sold the property, which is standing on her own name, the learned Magistrate issued process under Section 31 of the DV Act. An unsuccessful attempt was made by the applicant before the learned ASJ, Akola by filing revision. Therefore, the impugned order of the learned ASJ, Akola has been challenged in this application.
(M. W. CHANDWANI, J.)
Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge RR Jaiswal Date: 20/02/2024 18:18:03
1 issue framed by the court
Whether process issued under Section 31 DV Act against applicant, a mere witness to sale deed by mother-in-law, was sustainable.
3 provisions across 2 enactments
Pradeep S/o. Dayaldas Sadane
The State of Maharashtra
Non-applicant no. 2
M. W. Chandwani
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
