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Bombay High CourtREVN/154/2024disposed off

Mohana Prashant Kodolikar Alias Mohana Murlidhar Nande v. 1. Prakash Hari Muley Alias Mule Alias Prakashchandra Harishastri Mule

2024-03-26Hon'Ble Shri Justice Amit Borkar2 pages

17-REVN-154-2024.doc by PALLAVI MAHENDRA WARGAONKAR Date:

2024.03.30 18:51:59 +0530 PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.154 OF 2024 Mohana Prashant Kodolikar @ Mohana Murlidhar Nande ...Applicant vs.

Prakash Hari Muley @ Mule @ Prakashchandra Harishastri Mule

...Respondent

***** Mr. Dilip Bodake:

Advocate for Applicant.

Mr. H.J. Dedhia:

APP for State.

***** CORAM : S. M. MODAK, J.

DATE : 26th MARCH 2024 P. C. :- 1.

Heard learned Advocate Shri Bodake for the Applicant and learned APP. Private complaint filed by complainant was dismissed by the Court of J.M.F.C., Kalyan as per order dated 12th October 2023 it was dismissed under Section 203 of Cr.P.C. It means it was dismissed after recording verification and after going through the report under Section 202 of Cr.P.C. The Applicant claims that she want to exercise concurrent revisional jurisdiction of this Court. Pallavi 1/2

17-REVN-154-2024.doc 2.

Let notice be issued to Respondent Nos.1 to 3 returnable on rd April 2024.

3.

Mr. Bodake is having an argument that notice need not be issued to Respondents - Accused because this complaint was dismissed after taking cognizance and they have not been arraigned as accused persons. However the provisions of sub-section (2) of Section 401 of Cr.P.C. are very clear. So the concerned persons needs to be heard. 4.

Stand over to 23rd April 2024 'High on Board'. [S. M. MODAK, J.] Pallavi 2/2