Malti Nimbraj Badhe And ORS v. The State Of Maharashtra And ANR

(908) apl-1005.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1005 OF 2019 Malti Nimbraj Badhe and ors.

: Applicants.

Versus

The State of Maharashtra and anr.

: Respondents.

Mr. Shivraj N Kunchge for the Applicants.

Mrs. G P Mulekar, APP for the Respondent/State.

CORAM

:

S. S. SHINDE, J DATE :

13th September 2019 P.C.

This Application takes exception to the order dated 29/09/2018 passed by the learned Judicial Magistrate First Class-3, Kalyan in Criminal Application (Domestic Violence) No.142 of 2018 by which order the learned Magistrate issued notice to the Applicants herein through Protection Officer and Called for the DIR Report.

Considering the nature of dispute in question, this Court is of the opinion that this Criminal Application is pre-mature inasmuch as the Applicants have opportunity to put forth their contentions before the said Court. In that view of the matter, this Court declines to invoke jurisdiction under Section 482 of the Criminal Procedure Code. Hence the Criminal lgc

(908) apl-1005.19.odt Application stands rejected. All contentions raised in this Criminal Application are kept open for being agitated at the appropriate stage before the said Court. [S. S. SHINDE , J] lgc