SUSHILA MAHADEO CHAUDHARI Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2016-10-139
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on October 13,2016

Sushila Mahadeo Chaudhari Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

V.K.JADHAV,J. - (1.) Heard finally with the consent of the parties, at admission stage.
(2.) Being aggrieved by the order passed by the Judicial Magistrate First Class, Court No.5, Ahmednagar in STC No.1641/2012 dated 28.9.2012 whereby the learned Magistrate issued the process against the present applicant for having committed an offence punishable under section 500 of the Indian Penal Code and the judgment and order dated 30.6.2015 passed by the Additional Sessions Judge, Ahmednagar in Criminal Revision Application No.187/2013 confirming the said order passed by the Magistrate, the petitioner-original accused preferred this criminal application.
(3.) Brief facts, giving rise to the present criminal application, are as follows : The applicant had filed a private complaint before the Judicial Magistrate First Class, Ahmednagar bearing STCC No.34/2009 against respondent No.2 and two others for having committed an offence punishable under section 323, 504 read with section 34 of the Indian Penal Code. The learned Judicial Magistrate First Class, Court No.5, Ahmednagar by the Judgment and order dated 21.12.2011 acquitted all the accused including present respondent no.2 for the offences punishable under sections 323, 504, 506 read with section 34 of the Indian Penal Code. Respondent No.2, has, therefore, filed private complaint before the Chief Judicial Magistrate, Ahmednagar against the present applicant for having committed an offence punishable under section 500 of the Indian Penal code. It has alleged in the complaint that the present petitioner has filed said case bearing STC No.34/2009 with false allegations and could not substantiate said allegations before the Court and thus thereby defamed the present respondent no.2. The learned Judicial Magistrate First class, Court No.5, Ahmednagar by order dated 28.9.2012 issued process against present petitioner for the offence punishable under section 500 of the Indian Penal Code. Being aggrieved by the same, the present applicant approached the Sessions Court, Ahmednagar, by filing criminal revision application No.187/2013. The learned Additional Sessions Judge, Ahmednagar, by its impugned judgment and order dated 30.06.2015 in Criminal Revision No.187/2013 dismissed the revision petition and thereby confirmed the order passed by the Magistrate. Hence, this Criminal application. ;


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