[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.894 OF 2008 Smt.Mansi Sandeep Nalawade and others ..Applicants Vs. Sandeep Suresh Nalawade and another ..Respondents ... Mr.M.S.Mohite Adv. i/b Mr.S.V.Kotwal advocate for applicants Ms.A.A.Mane A.P.P. for the State Mr.Prakash Naik Adv. for Respondent No.1. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 4, 2008 DATE : DECEMBER 4, 2008 DATE : DECEMBER 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants-accused, the learned advocate for the respondent no.1-original complainant and the learned A.P.P. for the State. 2. Respondent no.1 is the husband of applicant no.1. Applicant nos.2 and 3 are the parents of applicant no.1. Complaint came to be filed by respondent no.1 against his wife i.e. applicant no.1 under Section 417 of IPC. The learned Magistrate dismissed the said complaint. The said order was challenged by the respondents by preferring CRA NO. 6 of 2007 before the learned [-2-] Sessions Judge at Alibag. The learned Sessions Judge by order dated 15.12.2007 allowed the said revision application, hence, this application. 3. By the impugned order, the learned Sessions Judge restored the complaint. On perusal of the order it is seen that none of the parties had appeared before the Court. The learned advocate for the applicants states that if they had been heard, the said order would not have been passed. On perusal of the said order, it is quite clear that the applicants were not heard when the order was passed. In this view of the matter, in the interest of justice, I am of the opinion that the order dated 15.12.2007 deserves to be set aside and is set aside. CRA No.6 of 2007 is restored to file. The learned Sessions Judge at Raigad Alibaug, after hearing necessary parties, shall dispose of the said revision on merits. 4. Both the parties shall appear before the Court of Addl. Sessions Judge, Raigad at Alibaug on 15.1.2009. 5. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]