Mahesh Vishnu Lahamage v. The State Of Maharashtra And ORS

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.11.13 14:29:30 +0530 MUGDHA MANOJ PARANJAPE 1 5-WP 4379-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4379 OF 2024 Mahesh Vishnu Lahamage ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents ----- Mr. Vikas B. Shivarkar for the Petitioner.

Mr. A. R. Metkari, APP for the Respondent-State. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

12TH NOVEMBER 2024 P.C. :

1.

The Petition seeks quashing and setting aside of the order dated th October 2013 and 7 th November 2013 passed by the JMFC-I, Nashik in Criminal Miscellaneous Application No.980 of 2013 filed by Respondent No.2 against the Petitioner seeking maintenance under Section 125 of the Code of Criminal Procedure, 1973.

2.

The primary grievance of the Petitioner is that the Petitioner was unable to place the material before the JMFC-I, Nashik to support the contention that Respondent No.2 was already wedded to somebody else and Mugdha

2 5-WP 4379-24.doc Respondent No.3 is the natural born daughter from that wedlock. It is primarily on this ground that the orders passed by the JMFC-I, Nashik are assailed. 3.

Learned Counsel appearing on behalf of the Petitioner submits that these facts were not placed before the JMFC-I, Nashik at that time. Thus he seeks liberty to move before the JMFC-I, Nashik to put the said facts on record. 4.

Issue notice to the Respondents, returnable on 19 th November 2024. Hamdast is permitted.

5.

At this stage, Learned Counsel for the Petitioner seeks leave to delete prayer clause (c) of the Writ Petition. He is permitted to do so. (ARIF S. DOCTOR, J.) Mugdha