Kailash Nath Sita Ram Jaiswar v. The State Of Maharashtra And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2301 OF 2018 Kailash Nath Sita Ram Jaiswar
...Petitioner
Versus
State of Maharashtra and Ors.
...Respondents
Mr.A.K.Prajapati a/w Mr.Avnendra Yadav, for the Petitioner. Ms.A.S.Pai, A.P.P. for the Respondent - State. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.
DATE : 28th JANUARY, 2019 P.C. :
1.
Heard Mr.Prajapati, learned counsel for the Petitioner. 2.
He submits that grievance made by the Petitioner has not been registered and investigated into. The Police Complaint to which our attention is invited is dated 30th April, 2018, and addressed to various authorities. At the bottom is Senior Inspector of Police, Oshiwara Police Station.
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Learned A.P.P. informs that the matter has been looked into and was taken note of as N.C. She points out that the Petitioner has performed second marriage with Respondent No.7 and it is the third marriage of Respondent No.7. Both have children from their earlier marriages. She submits that dispute between the parties is matrimonial in nature. In paragraph 27 of the complaint, Petitioner pleads as under:- "27.
I say that the opponent No.(1), (4), (5), (6) came on 29.04.2018 at about 1.00 P.M. at my abovesaid premises and issued threatening to me in case I do not fulfil their demands of buying one Flat in Goregaon, Mumbai in the name of the opponent No.1 and to deposit Rs.10,00,000=00 in the Bank in her name otherwise to be ready with the dire consequences. By threatening me they all went away by saying to come again." 4.
The opponents pointed out therein are wife, her father and her children. There is no third person mentioned therein. 5.
We have perused the papers. We do not see any thing wrong with the stand taken by the Respondents.
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With liberty to the Petitioner to take steps as open in law, we dispose of the present Petition.
REVATI MOHITE DERE, J.
B.P. DHARMADHIKARI, J.