Kamal Madhukar Gawhale And 2 ... vs Jayashree Yogesh Gawhale And ...
2022 Latest Caselaw 2624 Bom

                                                        1                              37.APL.363-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                 CRIMINAL APPLICATION (APL) NO. 363 OF 2022
                         ( Sau. Kamal Madhukar Gawhale & Ors.
                                          Vs.
                         Smt. Jayashree Yogesh Gawhale & Anr. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Smt. S.W. Deshpande, Advocate for the Applicants.
                                  Ms. Mayuri Deshmukh,, A.P.P. for the Non-Applicant No.2/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 16th MARCH, 2022.

Heard Smt. Deshpande, learned counsel for the applicants.

2. The contention is that on the basis of a false report claimed to have been lodged by the applicant No.1 with the Superintendent of Police on 01.08.2016, a complaint under Section 500 of the Indian Penal Code has been lodged by the non-applicant No.1. It is contended, that the complaint dated 01.08.2016, is not lodged by the non-applicant No.1 but is a false complaint lodged by someone else by forging the signature of the applicant No.1. In order to buttress this submission, reliance is placed upon the report of Handwriting Expert dated 14.09.2017 (page 23), who opines, that the complaint dated 01.08.2016, does not bear the signature of the applicant No.1, and therefore, no process ought to 2 37.APL.363-2022.odt

have been issued by the learned Judicial Magistrate First Class, by his order dated 09.03.2017 (page 21). It is also contended, that the revisional Court has erred in dismissing the revision, challenging the issuance of process by the judgment dated 24.01.2022. The report of the Handwriting Expert dated 14.09.2017, is a document which will have to be proved as per law and shall also have to be tested on the basis of cross-examination and mere existence of the said report, at this stage by itself, would not mean anything. At this point of time, Smt. Deshpande, learned counsel for the applicants, seeks a short adjournment, considering which, list the matter on 22.03.2022.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:16.03.2022 16:41