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Nitin Prabhakar Gujar And Anr vs The State Of Maharashtra And Ors on 15 October, 2018

14-appr-405-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 405 OF 2018
IN
CRIMINAL REVISION APPLICATION (ST.) NO. 425 OF 2018

Nitin Prabhakar Gujar Anr. …Applicants

Versus

The State of Maharashtra Ors. …Respondents

—–
Mr.S.V. Sadavarte for the Applicants.
Mr.A.R.Patil, APP for Respondent No.1-State.

—–

CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 15 OCTOBER 2018
P.C.:

1. The learned counsel for the applicants submits that the applicants,

who are the father-in-law and mother-in-law of respondent No.2 i.e., original

complainant, have challenged the order dated 6 th March 2018 passed by the

learned Jt. Judicial Magistrate First Class, Cantonment Court, Pune thereby

allowing the application of respondent No.2 filed under Section 319 of the Code

of Criminal Procedure for the offence punishable under Section 498A of the

Indian Penal Code. He further submits that respondent No.2 has filed criminal

case and respondent No.3 was prosecuted and charged under Section 498A of the

Indian Penal Code. The applicants were not made accused by the police at that

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14-appr-405-2018.doc

time. However, during the trial, the application under Section 319 of the Code of

Criminal Procedure was filed and it was allowed. He further submits that the

warrants are issued against the applicants. Both the applicants are old persons.

The case was registered way back 10 years. He further submits that there is a

delay of 58 days in filing the revision application. He prays that no coercive

action is to be taken against the applicants till service of notice.

2. In view of the above, issue notice to respondent Nos. 2 and 3,

returnable on 10th December, 2018. In the meantime, no coercive action of any

nature is to be taken against the applicants.

(MRIDULA BHATKAR, J.)

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