Bombay High Court
Gajendra S/O Govindrao Waikar vs The State Of Maharashtra, Thr. The ... on 7 March, 2022
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
28criwp86.22.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 86 OF 2022
Gajendra Govindrao Waikar...Versus...State of Maharashtra and another
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Petitioner in person
Mr. A.R.Chutke, APP for respondent No.1/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 07/03/2022 Heard the petitioner in person.
The petition challenges the order dated 30.3.2021 passed by the Principal Judge, Family Court, Nagpur, on an application under Section 340 of Cr.P.C. r/w Section 195 of Cr.P.C., for the offences punishable under Sections 177, 181, 182, 191, 193, 194, 195, 196, 199, 200, 210, 209, 120-B and 420 of the IPC, for having filed false affidavit in evidence in the proceedings under Section 125 Cr.P.C. before the learned Family Court, Nagpur, in Criminal Case No. 588/2017. It is contended that in the affidavit in lieu of oral evidence dated 4.12.2018 (para 12, pg 48) it has been falsely stated by Respondent No.2 that she was not having any job, whereas in her cross-examination (para 33, page 134) she has categorically admitted that she got a new job on 6.2.2018 and was continuing in that job till her cross- examination, considering which it is contended that the 28criwp86.22.odt 2 learned Family Court ought not to have rejected the application by the impugned order.
Since there is an admission regarding making of false statement by Respondent No. 2 herself in her cross- examination, issue notice to the respondents returnable in two weeks.
Learned APP waives service of notice for Respondent No.1/State.
JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location:
Signing Date:07.03.2022 19:08