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Showing contexts for: parwani in Gopichand Moolchandani vs Deepa Parwani on 18 March, 2020Matching Fragments
But, on perusal of impugned order, it appears that the learned magistrate has passed the order in relation to complainant witnesses Lucky Parwani husband of the complainant. It is also found that the learned Magistrate has discussed about some facts like the complainant is the member of Hindu joint family, which is not mentioned in the application, filed by the petitioner under Section 311 of Cr.P.C. Therefore, the impugned order is suffering from ambiguity.
Hence, without considering the merits of the case, I would prefer to remand back the matter to the learned Trial Court by setting aside the impugned order dated 25.04.2019 with the direction to decide afresh the application under Section 311 of Cr.P.C. dated 25.11.2019, filed by the petitioner/accused.