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Bombay High CourtAPPLN/884/2023disposed off

Parmeshwar Sitaram Kudale And Another v. Sharmishtha Alias Radhika Amar Kudale And Another

2023-10-23Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 884 OF 2023 Parmeshwar Sitaram Kudale & another Applicants

Versus

Sharmishtha alias Radhika Amar Kudale & another Respondents Mr. Y. P. Jadhav, Advocate for the applicants. Mr. P. S. Chavan, Advocate for respondent No. 1. CORAM : R. M. JOSHI, J.

DATE : 23rd OCTOBER, 2023.

PER COURT :

1.

Learned counsel for applicants submits that at this stage, he does not wish to press for quashment of the complaint bearing PWDVA Application No. 5/2022 pending before the Judicial Magistrate First Class, Tuljapur. He further submits that having regard to the nature of allegations made against the present applicants and considering their age, their presence may be exempted permanently.

2.

Learned counsel for respondent No. 1 makes a statement on instructions that without prejudice to her rights and contention,

- 2 - criappln884.23.odt the presence of applicants may be exempted however, they be represented by a lawyer.

3.

Having regard to the aforesaid facts, the presence of present applicants is exempted from appearance before the Judicial Magistrate First Class, Tuljapur in PWDVA No. 5/2022 permanently. However, whenever the learned Magistrate fnds it appropriate, he may seek their personal presence before the Court. They are permitted to be represented by lawyer.

4.

In view of this, application is disposed of.

( R. M. JOSHI) Judge dyb