Saibal Srikumar Banerjee And Ors vs Suparna Saibal Baerjee @ Suparana ...
2021 Latest Caselaw 3509 Bom

                                                                               22-cri.apl.29.2021.doc

Tandale
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION (APL) NO.29 OF 2021

          Saibal Srikumar Banerjee and Ors.                              .... Applicants.
                             Vs.
          Suparna Saibal Banerjee @
          Suparana Moitra and Anr.                                       .... Respondents.


          Smt. Priyanka Chavan i/b. Mr. Sachindra B. Shetye for the Applicants.
          Mr. Amit Palkar, APP for the Respondent No.2-State.


                                                     CORAM : A. S. GADKARI, J.

DATE : 24th FEBRUARY, 2021.

P.C.:-

Issue notice to the respondent No.1, returnable on 24 th March

2021.

In addition to Court notice, applicants are also permitted to

serve respondent No.1 by private notice and after the respondent No.1 is

duly served, to file an affidavit-of-service in Registry before the returnable

date.

2. Learned counsel appearing for the applicants submitted that,

after the applicants were acquitted from an offence punishable under

Sections 498A, 406, 323, 504, 506 read with 34 of the Indian Penal Code,

on a complaint lodged by the respondent No.1, by the learned Magistrate,

by its Judgment and Order dated 17 th January 2020, the respondent No.1

22-cri.apl.29.2021.doc

has filed the present case, bearing Criminal Miscellaneous Application No.

106 of 2015 under Section 12 and other related Sections of the Protection

of Women from Domestic Violence Act, 2005, in the Court of Judicial

Magistrate First Class, Belapur, Navi Mumbai. That the learned Magistrate

has issued notice to the respondents by its Order dated 24th June 2015.

3. In view thereof, ad-interim relief in terms of prayer clause (c),

till the next date.

(A.S. GADKARI, J.)