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Kishor Laxman Gorivale And ORS. v. The State Of Maharashtra And ANR.

2020-01-20Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 18-WP-1929-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1929 OF 2018 Kishor Laxman Gorivale and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Akhil Kupade i/b Mr. Manoj Harit and Company for the Petitioners. Smt. Aruna S. Pai, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 20/1/2020.

P.C.:

.

Complaint made by respondent No.2 shows that in public meeting conducted on 11/10/2008 he and his family members were scolded for approaching the Court of Law in the matter of matrimonial dispute of his daughter. Pressure was brought upon him to send his daughter back to her matrimonial house which he did not accept. 2.

It also reveals another episode on 26/10/2009 when again he and his family members were pointed out that they are ostracized and secluded.

3.

Learned APP submits that the contention that these facts are false cannot be looked into at this stage. Effort of the petitioners is to show that the facts even if admitted to be true, do not constitute offence under section 153(A), 120(B) read with 34 of IPC.

4.

Considering the grievance made we are not inclined to

rsk 2/2 18-WP-1929-18.doc intervene in extraordinary jurisdiction. Petitioners can raise suitable defence before the Trial Court.

5.

Hence, keeping defence of petitioners open and with liberty to the petitioners to take such other steps as are open in law, we dispose of the present petition.

(N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)